Clarence Thomas’s conflict is clear — he must recuse himself from the Trump immunity case 

lots of ink Documents documenting Justice Clarence Thomas’ ethical misconduct leaked and the damage it does to the standing of the court he sits on.However, the Supreme Court Decision to hear Donald Trump’s immunity suit It added new urgency to an already messy situation. Thomas clearly has a conflict of interest in this case and needs to step aside now.

From people like Rep. Alexandria Ocasio-Cortez (N.Y.), Sen. Richard Durbin (D-Ill.), and Sen. Sheldon Whitehouse (D.R.I.), as well as organizations such as: There are already calls for this. stand up america, democracy advocacy group. February 28th, Simply Rise Up America! tweeted, “Clarence Thomas should recuse himself from this case.”

Congresswoman Ocasio-Cortez previously It pointed out He said the decision in the immunity case “directly concerns the wife, and this is one of the most classic, textbook conflicts of interest.”

“There are so many unanswered questions about the relationship between judges, their families, and the Trump administration that, in the interest of justice, judges should step aside,” said Durbin, chairman of the Senate Judiciary Committee. I think so.”

Sen. Whitehouse elaborated further on Mr. Thomas’ situation in a recent appearance on MSNBC.White House explained The trial will end if the Supreme Court rules that the former president is immune from prosecution. jack smith incident Doing so would protect Thomas’ wife, Ginny Thomas, from scrutiny of the matter. Her role in President Trump’s election interference efforts.

“A very direct conflict of interest exists,” the White House claimed. If he can help solve the case, he will be able to protect his wife from scrutiny where her actions become evidence for prosecutors. ”

But beyond these usual suspects, others are also joining the effort to convince Thomas to recuse himself from the immunity case.

faithful americaa non-profit organization of Catholics, Protestants, and other churches or denominations. We are distributing online petitions He called on Thomas to stand down.the petition We cite the Code of Conduct of the Supreme Court, adopted on November 13, 2023., which includes five ethical codes intended to guide the conduct of judges. The paper notes that Thomas signed a new code of conduct that prohibits judges from ruling in cases where “their impartiality could reasonably be called into question.”

The code instructs judges not to observe a trial if the “spouse of the judge” “has an interest that could be materially affected by the outcome of the proceeding.” . [or] He is likely to be a key witness in the lawsuit. ”

Beyond ethics violations, Newsweek cited the Rev. Nathan Empsall, executive director of Faithful America, as arguing that “allowing Mr. Thomas to adjudicate Trump-related cases is a violation of Christian nationalism.” “This is another example of the fact that the rebellion of the people of the United States has not ended.” January 6th. ”

Empsall continued: “Defending our democracy and freedom is key to preserving our Christian values ​​of love, equality, and justice. If Judge Thomas fails to stand down, Mr. “This will protect his relationship with his wealthy religious right cronies and his wife’s refusal to vote.” Democracy could be placed on that line. ”

How will Thomas respond to these urgent appeals?

Los Angeles Times columnist Jackie Calmes claim “There is little in Thomas’ recent past to suggest he will heed these calls. Very little.” “I showed favoritism to the claim,” he wrote.

Additionally, Kalms writes:code of conduct The Supreme Court reluctantly ruled… thenrepeating storySome of the judges–chiefly Thomas–mistakeaction. ”

But Mr. Thomas’ participation in the immunity suit is more than just an ethical error. As the White House reminded MSNBC viewers, It’s a violation of federal law.

The law in question is 28 U.S.C. § 455, which covers “the disqualification of a judge, magistrate, or magistrate.”It begins, “Any justice, judge, judgeUnited States judgewill be disqualified in any casein progress In that case, his impartiality could rightly be called into question. ”

According to the law, a judge, magistrate, or magistrate “shall be disqualified from office if he or she becomes aware of the following:trusteeor his spouse, or a minor child residing in his household, has a financial interest in the subject matter or party in dispute.in progress or other interests that may be materially affected by the outcome.in progress ”

It is already clear that Ginny Thomas will certainly be influenced by the court’s response to her husband’s Trump immunity suit.we know she that Her fingerprints were all over Trump’s effort to overturn the 2020 election and, even though she denied it Judge Thomas probably knows that.

Elura Nanos, lawyer and blogger To tell “From reports that she called Joe Biden’s victory ‘the greatest robbery in the history of our country,’ to her support for Sidney Powell as the ‘face’ of efforts to overturn the election results, to ‘Stop the Steal’ rallies. At a pro-Trump rally, Ginny Thomas voiced her fervent support for Trump as the winner of the 2020 election. ”

Ginny Thomas sent it to me. lots of messages She is certain to be a key witness in the election interference lawsuit against Trump, whose immunity suit is stalling after then-White House chief of staff Mark Meadows urged the White House to overturn the election results. .

Ethics and laws may not matter, but the Supreme Court justices are ultimately the ones who judge their own actions.They are Does not have a good track record of recusing himself from hearing casesIt goes before the nation’s highest court.

Research results published last year found“Since 2018, U.S. Supreme Court justices have recused themselves from approximately 3% of appeals.” “Virtually all of the more than 750 recusals identified in our review of court orders lacked an explanation of why the judge chose not to participate.”

Thomas, of course He may be inspired by the late Justice Antonin Scalia.He did not recuse himself from another high-stakes political case, Bush v. Gore, despite the presence of one of his sons. He was a partner in Ted Olson’s Washington office.He represented Bush before the Supreme Court.

But whatever the court’s track record, Judge Thomas’ blindness to the ethical and legal obligation to recuse himself from the Trump immunity case is a major problem for the country and the Supreme Court.

If Mr. Trump were to win the case, it would add to the country’s authoritarian tendencies. And whatever the outcome, Thomas’ actions are certain to diminish the Supreme Court’s already tarnished standing with the American people.

With so much at stake right now, people are tempted to borrow from anything. Wisconsin Sen. Joe McCarthy Suspended 75 Years Agoand ended a corrupt campaign to root out communist sympathizers from the government in hopes of thwarting Judge Thomas’ obstruction.

Judge Thomas: “You’ve done enough. Are you disrespectful?”

Austin Surratt (@ljstprof) is the William Nelson Cromwell Professor of Law and Political Science at Amherst College. The views expressed here do not necessarily represent the views of Amherst College.