Clarence Thomas: An Ethics Problem with a Seat on the Supreme Court

Thursday, June 30, 2011
Justice Clarence Thomas
U.S. Supreme Court Justice Clarence Thomas’ growing list of apparent ethical violations has raised the specter of former Justice Abe Fortas, who resigned five decades ago from the high court for similar problems.
 
In the late 1960s, Fortas lost out on becoming chief justice, and eventually was forced to quit the court, after it was revealed he had accepted inappropriate gifts from wealthy benefactors.
 
Thomas has done the same thing, and more. He was instrumental in getting conservative real estate magnate Harlan Crow, whose company litigates in federal court, to finance a multimillion-dollar purchase and restoration of a cannery that once employed the justice’s mother. The former cannery, which now includes a museum about the culture and history of the area, has become Thomas’ pet project.
 
Crow contributed $500,000 to Thomas’ wife to start a Tea Party group and gave the justice a $19,000 Bible once owned by Frederick Douglas. Thomas has attended political fundraisers sponsored by the conservative Koch billionaire brothers and accepted a $15,000 gift from the American Enterprise Institute (AEI), a conservative think tank.
 
After accepting AEI’s generosity, Thomas participated in three Supreme Court cases that involved briefs filed by the think tank. According to Think Progress, Thomas “either voted in favor of the result AEI favored or took a stance that was even further to the right in each case.”
 
Thomas’ behavior would appear to be in violation of the judicial Code of Conduct on several grounds, including his participation in political fundraising activities, which is forbidden. Although Supreme Court justices are not bound by the code, they generally profess adherence to its requirements. 
                                                                                                         -Noel Brinkerhoff, Ken Broder
 

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