Analysis: How Clarence Thomas’s recusal controversy compares to others
What changed last week is that we found out she had also strategized with a White House whose records her husband had voted to protect — and on the very same subjects the Jan. 6 committee is investigating. As we wrote last week, that means it’s.
In the above cases, it’s difficult to find an analog to the current situation. Most involved situations in which the justice might, because of personal or familial ties or because of public comments, meet the federal standard having their"impartiality ... reasonably be questioned.” But generally, this has been because of groups or people they intersected with or because of professional affiliations.
About the closest we come to a situation where decisions might personally benefit a justices or their family was Ginsburg’s. That’s if you believe the justice and her husband benefited by the Supreme Court ruling in favor of the view supported by Martin Ginsburg’s firm, or ruling in favor of the NOW Legal Defense and Educational Fund, which proceeded to sponsor a lecture series bearing Ginsburg’s name.
Of course, in the Thomases’ case, we don’t yet know how much — or even if — his vote shielded his wife’s actions, wittingly or unwittingly. But given that his was the only dissenting vote and the Jan. 6 committee got the White House records, we might soon find out.
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