THE SCANDALS

For weeks, stories about the latest financial scandal connected to Supreme Court Justice Clarence Thomas have been circulating through Washington, D.C., the Courts, and the media. Thomas has been the focus of previous investigations, and his wife’s political activism has also been the source of inquiry into whether a conflict of interest might exist between Ginni Thomas’ allegiances and Justice Thomas’ participation in certain cases.  

The most recent scandal involves gifts to Thomas from Conservative mega donor Harlan Crow. In a story titled “Clarence Thomas and the Billionaire,” released on April 6, 2023, ProPublica outlined Thomas’ many trips aboard Crow’s private yacht and jet, excursions to Crow’s private resort, and perhaps most troubling, the real estate deals concerning property in Georgia between Thomas and Crow. One of the properties is in Savannah, Georgia, where Thomas’ mother lives. 

CALLS FOR JUSTICE THOMAS’ RESIGNATION

On Wednesday, April 19 at 1 PM, Congressman Hank Johnson (GA-04), ranking member of the Judiciary Subcommittee on Courts, called on Supreme Court Justice Clarence Thomas to resign. The press conference came in the wake of ProPublica(link is external) and Washington Post reports showing the justice indulged himself and his wife in privately paid luxury travel, exorbitant gifts and sweetheart real estate deals with a billionaire Republican megadonor – none of which the justice disclosed. 

The failure to disclose the plane and yacht trips appears to violate a law passed after Watergate that requires justices, judges, members of Congress and federal officials to disclose most gifts. The real estate deals and income claimed from a now-defunct company are additional ethical quagmires that present possible violations of a judicial code of conduct expected of all federal judges. Although not law, the code of conduct requires judges to avoid even the “appearance of impropriety.” This code is advisory for Supreme Court Justices, but nonetheless usually followed.

PUBLIC TRUST

The reason that judges are supposed to avoid even the appearance of impropriety is simple: accepting lavish gifts can be seen as affecting the impartiality needed by judges to rule on the cases before them fairly. As Georgia Congressman Johnson stated at his press conference, “billionaire Crow bought properties from Justice Thomas and his relatives for at least double what Justice Thomas had said they were worth. That was wrong. And even though the law clearly required him to disclose these real estate deals, Justice Thomas hid them. Now, we even know that Crow bought and renovated the house where Justice Thomas’ momma lives, and now we are hearing reports that Justice Thomas’ mom, has been living rent free since Harlan Crowe became her landlord almost 10 years ago.”  

Even if these real estate transactions are not themselves illegal, the failure to disclose them might be. Arguably what is worse is the appearance of impropriety that the transactions create; namely, that Crow could exert influence over Justice Thomas because Thomas is somehow in his “debt.” Avoiding this appearance of impropriety is the reason there are strict rules governing what members of Congress can accept as “gifts” from people.

THE PUBLIC PERCEPTION PROBLEM OF THE SUPREME COURT

The Supreme Court is already undergoing a public relations problem, and Justice Thomas’ newly revealed scandals only add to the public’s mistrust of the High Court. Several of the Justices have been vocal about their ideological views, leading many observers to question the Justices’ ability to decide cases on their merits rather than based on an agenda. Recent public opinion polls show the Court at its lowest approval rating on record. And although immediate court reforms seem unlikely, research suggests that if more Americans were to update their perceptions to accurately reflect how conservative the Court has become, then support for reforms — such as expanding the size of the Court or imposing term limits on justices — will likely rise.

More seriously, a deeply unpopular Court issuing rulings, either on the right or on the left, that are unsupported by public opinion will test the rule of law. We are certainly not yet at the point where the rule of law is threatened, and the relationship between public opinion and the Court is complicated. It’s possible the Court’s rulings could move in a more moderate direction, maybe in response to public outcry.

Rep. Hank Robinson concluded his press conference with the statement: “To protect what little is left of public trust and respect for the United States Supreme Court, Justice Thomas must resign immediately. It's not enough to amend and try to hide your corruption. It's too late for that.”

CONTACT YOUR ATTORNEY

If you have been injured and want an experienced personal injury attorney who will fight for your legal rights and ensure that your claims are adjudicated fairly, contact Dave Thomas with The Thomas Law Firm for a free consultation.