Congressional Democrats sounded the alarm after Supreme Court Justice Clarence Thomas refused to recuse himself in Donald Trump’s ballot challenge given his wife’s role in the former president’s attempts to overturn the election.
Thomas was on the bench Thursday as the court heard oral arguments in Trump’s appeal of a Colorado Supreme Court ruling barring him from the ballot under the Constitution’s “insurrection” clause.
His wife, Ginni, had extensive contact with then-Trump chief of staff Mark Meadows in the administration’s efforts to overturn his election loss. Thomas previously recused himself in a case related to Jan. 6 architect John Eastman, who once served as one of his law clerks.
“Why is Clarence Thomas even participating in this case?” questioned former U.S. Attorney Joyce Vance.
“Having recused from a prior case related to Jan 6 due to his wife’s involvement, Justice Thomas’s participation in Trump’s ballot case is a shocking and intentional violation of his ethical obligations,” tweeted Rep. Daniel Goldman, D-N.Y., who served as Democratic counsel in Trump’s first impeachment trial. “Clarence Thomas is not above the law. This is a true crisis at the Court.”
Senate Judiciary Chairman Dick Durbin, D-Ill., previously called on Thomas to recuse himself.
“He failed to do so. It’s a shame he’s allowing any question of bias to exist, given his family’s reported involvement in January 6th,” he wrote.
Thomas told reporters on Thursday that Thomas should have recused himself in the case "for the good of the court, and the reputation and integrity of the court."
"There's no question that his wife is uniquely positioned in the political debate. I think it would have been in the best interest of the court and their reputation for him to step aside,” he added.
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