WASHINGTON (CN) — Only weeks after a controversy about masking for arguments spurred two rare statements from the Supreme Court on its spirit of collegiality, questions of partisanship are heaping pressure on the justices to make more assurances.
The scrutiny follows recent reports published in both The New Yorker and The Washington Post about the failure of Justice Clarence Thomas to recuse himself from cases that intersect with his wife's political activism, giving the appearance of a conflict of interest.
While outspoken about many issues, Ginni Thomas found notoriety most recently through multiple Facebook posts in which she endorsed the rally that preceded the Jan. 6 riot at the U.S. Capitol, demanding that the 2020 election be overturned. Amid a congressional investigation into the insurrection, she also signed letter from conservative leaders this past December that criticized the probe as “overtly partisan political persecution.”
A month later, Justice Thomas was the court's only vote in favor of the Trump White House as it sought to keep its records related to the Jan. 6 riot away from the select congressional committee 6. The vote from Thomas came with no explanation.
But the Jan. 6 case was not a one-off occurrence, it was just the most overt. Ginni — who runs a political lobbying firm, Liberty Consulting — has held leadership positions that puts her in shoulder-rubbing proximity to the same people filing cases before the court her husband sits on.
“This is an unprecedented example of a justice’s spouse being involved in some of the same issues that are before the justices on a yearly basis,” Gabe Roth, executive director of Fix the Court, a nonpartisan advocacy group, said in a phone call. “I mean, it's everything from affirmative action to abortion to immigration. Ginni is involved either financially or ideologically or organizationally with so many people that are participating in cases that come before her husband.”
According to the New Yorker, Ginni and Clarence Thomas declined the chance to respond to the allegations against them. The Washington Post said its requests for comments went ignored by both the Thomases and a Supreme Court spokesperson. A Supreme Court spokesperson has also not responded to additional questions on allegations raised in both stories.
The Supreme Court is a unique institution in many ways but in particular how the justices communicate with the public. Unlike in Congress or even the White House, the press does not get many opportunities to interact with the justices or ask them questions. That being said, when the court or justices do make statements, they are closely watched and heavily analyzed to glean every possible nugget of information that can be learned about the incredibly influential institution.
Recently, the court released two statements in one day — something that is extremely rare — to address reporting that suggested there was a quarrel among the justices over wearing a mask during arguments to prevent against transmission of the virus that causes Covid-19. The statements did not address any health-related concerns over the controversy but instead focused on thwarting rumors that there was any bad blood between the justices.
When the justices do make public comments, some have made a point to voice their aversion to being called “partisan hacks." These criticisms continue to arise, however, and that has been the case ahead of Justice Neil Gorsuch's scheduled speech on Friday at an event closed to press and public hosted by the Federalist Society, a legal juggernaut for conservative issues.
Prominent figures in attendance at the weekend-long gathering will include former Vice President Mike Pence, Florida Governor Ron DeSantis and former Trump White House press secretary Kayleigh McEnany.