Several House Democrats are calling for Supreme Court Justice Clarence Thomas to resign following a pair of new reports they say raise further ethical questions about his financial ties to conservative megadonors.


What You Need To Know

  • Several House Democrats are calling for Supreme Court Justice Clarence Thomas to resign following a pair of new reports they say raise further ethical questions about his financial ties to conservative megadonors

  • Other Democratic lawmakers are saying Thomas should be impeached, one of the donors should answer questions on Capitol Hill or Congress should pass ethics reform legislation for the high court

  • The latest article came Thursday night when The Washington Post reported judicial activist Leonard Leo arranged for Thomas’ wife, Ginni, to be paid tens of thousands of dollars in consulting fees just before Leo’s nonprofit, the Judicial Education Project, filed a brief to the Supreme Court

  • Earlier Thursday, ProPublica reported that billionaire Harlan Crow paid thousands of dollars in private school tuition for Thomas’ great nephew, Mark Martin, whom the justice had raised since he was 6 years old

Other Democratic lawmakers are saying that Thomas should be impeached, one of the donors should answer questions on Capitol Hill or Congress should pass ethics reform legislation for the high court.

“Between gifts and payments that may add up to millions and the apparent efforts of Justice Thomas and the Republican activists around him to keep it all a secret, every revelation is another severe blow to the legitimacy of the current Supreme Court,” Sen. Ron Wyden, D-Ore., tweeted Friday morning.

Thomas has been the subject of a series of articles in recent weeks about he and members of his families accepting gifts or payments from conservative donors.

The latest article came Thursday night when The Washington Post reported judicial activist Leonard Leo arranged for Thomas’ wife, Ginni, to be paid tens of thousands of dollars in consulting fees just before Leo’s nonprofit, the Judicial Education Project, filed a brief to the Supreme Court in a landmark voting rights case. Leo has been a key figure in supporting nominees to the court.

Earlier Thursday, ProPublica reported that billionaire Harlan Crow paid thousands of dollars in private school tuition for Thomas’ great nephew, Mark Martin, whom the justice had raised since he was 6 years old. Mark Paoletta, a lawyer who has represented the Thomases, acknowledged in a statement that Crow paid two years of tuition for Martin.

ProPublica also reported last month that Crow paid for luxury vacations for the Thomases and bought real estate from them, none of which was disclosed by the justice.

“The cumulative evidence of Justice Thomas’ financial connections with Harlan Crow and Leonard Leo does a disservice to the Court - and exposes the dangers of its longstanding ethical vacuum,” Sen. Dick Durbin, D-Ill., chairman of the Senate Judiciary Committee, tweeted

Sen. Jeff Merkley, D-Ore., wrote on Twitter, “Hard to make the case that Harlan Crow didn’t have influence over Clarence Thomas and even harder to make the case that the Supreme Court should continue to operate without a code of ethics.”

And Sen. Sheldon Whitehouse, D-R.I., said he found the report about Leo’s payments to Thomas’ wife troubling because Leo’s “business isn’t *before* the Court; his business *is* the Court.”

At least seven House Democrats, mostly members of the Congressional Progressive Caucus, have called for Thomas to resign since Thursday.

“Justice Thomas’ rampant corruption & disregard for the judicial oath of office is shameful,” Rep. Barbara Lee, D-Calif., tweeted. “At a time when public trust in SCOTUS is at an all time low, he must be held accountable. It’s time for him to resign.”

Many others have called for Congress to pass Supreme Court ethics reform legislation. The Senate Judiciary Committee held a hearing earlier this week in which lawmakers debated that possibility. Republicans argued it would violate the Constitution’s separation of powers provision, but legal experts who testified were divided.

The Supreme Court currently polices itself on ethics matters. 

“If the Supreme Court won't act, Congress must,” Sen. Elizabeth Warren, D-Mass., posted on Twitter. “The Court needs an enforceable code of ethics — or it risks losing its credibility.”

Rep. Cori Bush, D-Mo., said Thomas should be impeached. Rep. Ro Khanna, D-Calif., called for term limits for Supreme Court justices. 

And Wyden, who chairs the Senate Finance Committee, said Thursday he’s been pushing to have Crow testify about “his lavish gifts to Clarence Thomas.” 

“If he doesn't comply by May 8, I will absolutely explore other tools at the Finance Committee's disposal to shed more light on what appears to be blatant corruption,” Wyden tweeted. The senator made the comments before The Washington Post published its report on Leo.

Thomas has not responded publicly to either of Thursday’s reports. The Supreme Court did not respond to a request for comment Friday.

In a earlier statement, Thomas defended the trips paid for by Crow as “personal hospitality from close personal friends” who had no business before the court. He added he had previously sought guidance from colleagues and other federal judges and was told he did not have to disclose the travel.

Thomas also reportedly believed he did not have to disclose the 2014 real estate sale to Crow because he lost money on the deal but is amending his financial disclosure forms to include it.

Leo said in a statement to The Post the payments to Ginni Thomas were for legitimate work that “involved gauging public attitudes and sentiment.” He said he wanted to keep her name off paperwork because he knew “how disrespectful, malicious and gossipy people can be” and wanted to protect the Thomases’ privacy. 

On the tuition payments, Crow’s office told ProPublica the billionaire “has long been passionate about the importance of quality education and giving back to those less fortunate, especially at-risk youth,” adding, “he and his wife have supported many young Americans through scholarship and other programs at a variety of schools.”

In his statement, Paoletta defended the Thomases, saying they made “immeasurable personal and financial sacrifices” in caring for Martin and that the tuition payments “did not constitute a reportable gift” because they were made directly to the schools.

Republicans have defended Thomas.

In a Fox News interview Thursday night, Sen. Tom Cotton, R-Ark., called Thomas “a great American” and “a kind-hearted, generous soul.”

“And as the stories about him make clear, he complied with all relevant laws and ethics rules,” Cotton said. “This is just another effort to smear Clarence Thomas, another page in what he called his confirmation hearing 30 years ago a ‘high tech lynching.’”

Rep. Chip Roy, R-Texas, said in a radio interview on the “Erick Erickson Show” that Democrats are attacking Thomas because “there is a strong, conservative, Black man who is willing to stand up and call B.S. on all of their leftist nonsense.”

At this week’s Senate Judiciary Committee hearing, other Republicans accused Democrats of continuing a campaign to delegitimize the conservative-majority court in response to rulings they’ve disagreed with. Senate Republicans also argued liberal justices have engaged in behavior that has, too, raised ethical questions but that Democrats and the media have a double standard when it comes to conservative justices.

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