Thomas, Alito ties to conservative activist spark recusal calls

WASHINGTON (CN) — Conservative activist Leonard Leo’s financial and ideological ties to a case before the Supreme Court next week sparked calls on Wednesday for Justices Clarence Thomas and Samuel Alito to step down from a dispute that could further cripple federal agencies.

A new report details Leo’s contributions to and payments from Consumers’ Research — a group arguing against regulatory authority in a case against the Federal Communications Commission.

“What has not come to light until now is the alarmingly close personal and financial ties between Justices Clarence Thomas and Samuel Alito in the major backer of one of the parties in the case,” Tony Carrk, executive director at Accountable.US, told reporters. “Consumers’ Research is reportedly bankrolled by right-wing legal activist Leonard Leo.”

Accountable.US was one of three watchdog groups that signed a letter to Chief Justice John Roberts calling for Thomas and Alito’s recusal. Accountable.US, United for Democracy, and Take Back the Court said the American people’s faith in the justice system and the legitimacy of the Supreme Court depended on the justices abiding by their ethical obligations.

In the letter, the groups said Thomas and Alito’s “extensive” connections to a plaintiff before the court through Leo warranted their recusal.

“If a baseball umpire was caught taking free meals from a team vacationing with their star pitcher and having their house paid for by the team’s owner, no one would trust them to fairly call balls and strikes,” Carrk said. “Judges should be held to at least the same standard.”

Thomas, a George H.W. Bush nominee, and Alito, a George W. Bush nominee, have faced scrutiny for their connections to Leo, who is co-chairman and founder of the Federalist Society. Leo reportedly lavished Alito and Thomas with high-dollar gifts that were never reported on the conservative justices’ financial disclosure forms.

Leo supported Thomas through his contentious Supreme Court confirmation hearings, and Thomas is reportedly the godfather to one of Leo’s children. Both men have also taken family vacations together.

Alito’s nomination process was boosted by Leo’s support, and the conservative activist reportedly funded the justices’ travel on multiple trips, including a 2008 luxury fishing trip with billionaire Paul Singer.

Last year, Senate Democrats subpoenaed information from Leo concerning his relationships with Supreme Court justices.

Leo has been credited with building the legal movement pushing conservative causes to the supermajority on the Supreme Court — many of whom he had a role in nominating.

Deregulatory efforts took a central role in the movement last term when the Supreme Court overturned decades of precedent governing agency authority. Court watchers say reviving the nondelegation doctrine — a theory limiting Congress’ delegation authority to executive branch agencies — is the next step in further curbing regulatory power.

Consumers’ Research advanced that effort through multiple lawsuits against the Federal Communications Commission’s fund for telecommunications services at rural schools and libraries. The group says the FCC unconstitutionally gave a private company authority over the fund.

The impact of Consumers’ Research’s Supreme Court battle stretches beyond the FCC, however. The nondelegation doctrine would further restrict how federal agencies govern consumer safeguards, Social Security, Medicare and more.

Leo’s shadowy connections to the group come from a series of insider reports and financial reports. An individual leaked information connecting Leo’s network with Consumers’ Research’s funding, and others named Leo as the group’s main financial backer. Reports also indicate that Leo-linked groups contributed hundreds of millions to fund Consumers’ Research.

According to Accountable.US, a donor-advised fund linked to Leo gave Consumers’ Research $6.51 million between 2020 and 2023 — about 80% of the group’s total revenue. The Leo-linked fund, Donors Trust, received over $300 million from two other Leo-linked groups, the 85 Fund and the Marble Freedom Trust, according to the report.

Accountable.US says Leo’s connections to Consumers’ Research give him influence over the organization. The group paid Leo’s for-profit firm over $1.3 million since 2020, according to the report.

Meagan Hatcher-Mays, a senior adviser at United For Democracy, said Leo’s relationship with Thomas and Alito represented a large problem in the U.S. political system. President Donald Trump and billionaire Elon Musk, Hatcher-Mays said, are dismantling democratic institutions because there are no longer guardrails left to stop them. She said the friendly relationship between powerful individuals and judges was directly related to pulling those guardrails down.

“This is bigger than just Alito, Thomas and Leonard Leo,” Hatcher-Mays told reporters. “This is about all billionaires who have business pending in front of the court — whether their name is on the case or not — their interests are pending in front of the court. Given that the Supreme Court is not obligated to follow an enforceable code of conduct, it raises a lot of questions among the American people as to whether we can trust these rulings that come down from the court.”

All nine justices signed an ethics code, but the justices themselves are left to enforce it.

Earlier this year, Accountable.US released a report on Justice Neil Gorsuch’s connections to an oil billionaire who could benefit from an environment regulation case before the justices. Gorsuch recused from the case shortly before arguments were heard.

Alito and Thomas did not respond to questions sent to the Supreme Court’s public information office. Leo did not immediately provide a comment on the report.

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