“Ginni became part of the team seeking to overturn the election,” a prominent judicial ethicist told JaneMayerNYer. “That team expressly identified, as a critical part of its strategy, appeals to the Supreme Court, and therefore to Clarence.”
and its aftermath, despite his wife’s direct involvement in the so-called Stop the Steal efforts. A third case, John Eastman v. Bennie Thompson, may soon reach the Court.
Gillers emphasized that it’s impossible to know whether Clarence Thomas could actually be impartial in such cases. But, he argued, the Justice has now forfeited the right to “ask the public tohis impartiality,” adding, “Now that Ginni’s texts are revealed, Clarence could not sit in any such cases.” When I spoke with Stephen Vladeck, a professor at the University of Texas School of Law, he also made note of the federal statute requiring Justices to recuse themselves if a spouse has “an interest” in a proceeding’s outcome. It’s unclear whether any of Ginni Thomas’s scheming was described in the papers that Trump attempted to withhold from investigators.
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