Clarence Thomas Faces Call To Recuse Himself From Cases Involving Conservative Group

Justice Clarence Thomas is facing a call to recuse himself from cases that involve First Liberty Institute.

At a Glance

U.S. Senate Majority Whip Dick Durbin has called for Justice Thomas’s recusal from any Supreme Court case involving First Liberty Institute.
The call follows ProPublica reporting that Ginni Thomas praised First Liberty Institute for opposing ethics reform.
Critics argue that Ginni Thomas’s comments create an appearance of impropriety for Justice Thomas.
Durbin supports the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act to enforce a binding code of conduct for justices.

Calls for Recusal on Grounds of Impropriety

U.S. Senate Majority Whip Dick Durbin has called for Justice Clarence Thomas to recuse himself from any Supreme Court case involving First Liberty Institute. This comes after a ProPublica report revealed that Ginni Thomas, Justice Thomas’s wife, praised First Liberty Institute for opposing court ethics reform efforts. Ginni Thomas’s emails have been scrutinized for suggesting undue influence on her husband’s position on ethics reform.

First Liberty Institute is a prominent organization advocating for religious liberties and frequently brings cases before the Supreme Court. Critics in the Senate Judiciary Committee argue that Ginni Thomas’s communications, praising the Institute, create a conflict of interest and an appearance of impropriety for Justice Thomas. Calls for recusal add to the mounting ethical challenges faced by the Supreme Court.

Inbox: @JudiciaryDems call on Justice Clarence Thomas to recuse himself from any case involving the Christian conservative legal org First Liberty Institute following @propublica report last week that his wife Ginni Thomas praised them for opposing Supreme Court ethics reform. pic.twitter.com/plQdueVECK

— Benjamin S. Weiss (@BenjaminSWeiss) September 9, 2024

Ethics and Transparency Under Scrutiny

Senator Dick Durbin, chairman of the Senate Judiciary Committee, emphasized what he called the “ethics crisis” at the Supreme Court and urged Chief Justice Roberts to implement binding ethics reforms. Durbin is a strong advocate for the SCERT Act, which aims to enforce a binding code of conduct for justices, enhance disclosure and transparency, and mandate explanations for recusal decisions.

“Whether she’s inflating her knowledge of judges’ views on ethics reform or telling the truth, her apparent comments on behalf of judicial officers create a clear appearance of impropriety for Justice Thomas,” Durbin said of Ginni Thomas.

The SCERT Act cleared the Senate Judiciary Committee in July 2023 but was blocked in the Senate this past June. Supporters argue this reform is long overdue given the recent controversies surrounding justices, including Justice Thomas’s acceptance of undisclosed gifts and trips from Republican donors. However, the bill has faced Republican opposition, with members of the GOP describing it as overreach. Back in June, Senator Lindsey Graham argued that the bill would serve to “undermine” the court rather than help it.