Conflict of interest?

[Anonymous]

Virginia Thomas, wife of Justice Clarence Thomas, just started a tea party organization (See http://www.latimes.com/news/nation-and-world/la-na-thomas14-2010mar14,0,3190750,full.story) whose funding is sure to be helped by the SCOTUS Citizens United decision on political donations by corporations. Do you think it is a conflict of interest for Justice Thomas? His decisions are clearly helpful to those whose politics he agrees with. On the other hand, I think he makes those decisions based not on personal loyalty, but on a consistent philosophy (misguided and harmful though I believe it to be).

As a matter of principle, I don't think it is fair to limit one spouse by the other's professional activities. But on the other, it would be prudent for the spouse of someone whose job presupposes the highest degree of fairness not to be so publicly aligned with one end of the political spectrum.

[jsteele]

Thomas has a much more immediate conflict of interest than his wife's affiliations. He previously worked as a corporate lawyer for Monsanto. Yet, he will be hearing Monsanto v. Geertson Seed Farms in the near future. While Justice Breyer has recused himself because his brother was the judge when this case was heard in a lower court, Thomas is not planning to recuse himself.

I expect that Thomas has no concern about blatant conflicts of interest. Short of a criminal act for which he can be impeached, he is untouchable. He probably enjoys giving everyone a big FU every once in a while.

[Anonymous]

I don't like it, but, I think the spouse of any political figure has the right to be as politically active as they wish.

[Anonymous]

Anonymous wrote:I don't like it, but, I think the spouse of any political figure has the right to be as politically active as they wish.

Yup, she has the right. And as Jeff said, Justice Thomas is not legally required to recuse himself no matter how fishy it looks. It's the Marion Barry standard of political morality, except that instead of a few thousand dollars being at stake, our political system rides on some of his votes.

[Anonymous]

jsteele wrote:Thomas has a much more immediate conflict of interest than his wife's affiliations. He previously worked as a corporate lawyer for Monsanto. Yet, he will be hearing Monsanto v. Geertson Seed Farms in the near future. While Justice Breyer has recused himself because his brother was the judge when this case was heard in a lower court, Thomas is not planning to recuse himself.

I expect that Thomas has no concern about blatant conflicts of interest. Short of a criminal act for which he can be impeached, he is untouchable. He probably enjoys giving everyone a big FU every once in a while.

Can't we force him to recuse himself?

[Anonymous]

Anonymous wrote:Can't we force him to recuse himself?

I think the only tool that exists to exert pressure on a Justice is impeachment, and failure to recuse is way short of the level of misconduct that would merit impeachment.

[Anonymous]

I'm just glad it's out in the open. Much as I disagree with Thomas, better to be transparent about it. At least if something fishy comes up, we know where to look.

[Anonymous]

Anonymous wrote:I'm just glad it's out in the open. Much as I disagree with Thomas, better to be transparent about it. At least if something fishy comes up, we know where to look.

Speaking of fishy, check out this TalkingPointsMemo.com article showing that Ms Thomas's group uses stock photos to imply diversity of her group's supporters. See http://tpmmuckraker.talkingpointsmemo.com/2010/03/clarence_thomass_wifes_new_group_uses_stock_photos.php?ref=fpb

[Anonymous]

This story made me curious as to whether any other justices had spouses involved in more "out there" politics whether left or right. Anyone know?