In other Supreme Court news…

Posted by AzBlueMeanie:

It looks like Congress is finally willing to take action on the ethically challenged Justice Clarence Thomas. It's about damn time! Joan McCarter reports at Daily Kos: Twenty House Democrats call for investigation of Justice Thomas:

Justice Clarence Thomas has been under ongoing scrutiny by activists and members of Congress for what appear to be numerous ethical lapses and a failure to report hundreds of thousands of dollars on financial disclosure forms.

Now 20 members of Congress have called for an official investigation into that non-disclosure. That investigation could lead to a further investigation by the Department of Justice.

WASHINGTON – Congresswoman Louise Slaughter, Ranking Member of the House Rules Committee, together with 19 Members of Congress, today sent a letter to the Judicial Conference, requesting that the Conference follow the law and refer the matter of Justice Clarence Thomas's non-compliance with the Ethics in Government Act of 1978 to the Department of Justice.[…]

Section 104(b) of the Ethics in Government Act requires the Judicial Conference to refer to the Attorney General of the United States any judge who the Conference "has reasonable cause to believe has willfully failed to file a report or has willfully falsified or willfully failed to file information required to be reported."

If the Judicial Conference finds reasonable cause to believe that Justice Thomas has "willfully falsified or willfully failed to file information to be reported," it must, pursuant to §104, refer the case to the Attorney General for further determination of possible criminal or civil legal sanctions.

The congress members point to recent reports, including the detailed article in the New York Times of the numerous gifts from conservative activist Harlan Crow, the nearly $700,000 his wife earned from the Heritage Foundation from 2003-2007 and as founder of a tea party organization. They say, "Due to the simplicity of the disclosure requirements, along with Justice Thomas's high level of legal training and experience, it is reasonable to infer that his failure to disclose his wife's income for two decades was willful, and the Judicial Conference has a non-discretionary duty to refer this case to the Department of Justice."

One of the institutional problems with the Supreme Court is that the Judicial Conference Code of Conduct that all other federal judges must abide by doesn't apply to Supreme Court Justices. But the Conference can act, and these congressional Democrats are demanding they do so.

I have previosly posted about Justice Thomas' wife Ginny Thomas' activities in a Tea Party organization, specifically in opposition to the Patient Protection and Affordable Care Act. Wife of Justice Clarence Thomas launches a Tea Party organization; Wife of Justice Clarence Thomas is violating law. I have explained that Justice Thomas has ethical violations similar to the "scandal" of Justice Abe Fortas, Justice Clarence Thomas has an Abe Fortas problem, and that a good government group has asked for a criminal investigation. Protect Our Elections asks U.S. Department of Justice to bring criminal charges against Supreme Court Justice Clarence Thomas.

At a minimum, Justice Clarence Thomas should in good conscience recuse himself from taking part in the Court's consideration of any appeals involving the Patient Protection and Affordable Care Act due to his wife's political activities in opposition to the Act to avoid any appearance of impropriety. Unfortunately, Justice Thomas has frequently expressed his view that he does not care about such appearances. No doubt due to his lack of ethics.