Photograph by Nathaniel St. Clair
On June 10, 2024, Articles of Impeachment were introduced in the U.S. House of Representatives against Justices Clarence Thomas and Samuel Alito, by Congresswoman Alexandria Ocasio-Cortez (NY-14), Vice Ranking Member of the Committee on Oversight and Accountability.
Read the two Resolutions in the press release at this link: https://www.cnn.com/2021/09/13/politics/amy-coney-barrett-supreme-court-not-partisan/index.html
The two Resolutions were grounded in the two Justices’ violation of U.S. Constitution, article III § 1 (federal judges entitled to hold office during “good behaviour”[sic]), article II § 4 (federal judges to be removed from office on impeachment for and conviction of treason, bribery or other high crimes and misdemeanors), Title 28, § 455 United States Code (USC) (‘‘[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned’’) and Title 5, §§ 13103 and 13104 USC (requiring reporting of the source, description and value of gifts).
The offending Justices’ misconduct, as detailed in the two Resolutions, is stunning. I would venture that if any judge in a State trial or appellate court were charged with similar conduct, that judge would be referred to appropriate disciplinary authorities, impeached, recalled or otherwise removed from his or her office.
That would certainly be the case in Montana. (Indeed, Montana’s legislature, attorney general and governor would descend upon the Court’s chambers with pitchforks and torches).
Justices Thomas’ and Alito’s misconduct has been widely and publicly reported. Not surprisingly, however, the High Court has done nothing to police its own members or require compliance with ethical standards or federal law.
Seemingly, the members of this Country’s highest appellate court consider themselves to be, and operate as if they are, above the law.
For example, Justice Thomas is charged with failing to recuse himself from sitting on numerous cases in which his impartiality might reasonably be questioned. The subject cases concerned challenges to the outcome of the 2020 Presidential election in which Justice Thomas’ wife Virginia “Ginni” Thomas had an interest. The details of her interest and Justice Thomas’ misconduct are set out in the Resolution referred to above. Word limitations prohibit a full discussion of those here, but suffice to say that Mrs. Thomas’ involvement in these proceedings, thoroughly compromised Justice Thomas’ impartiality in sitting on the subject cases.
Justice Thomas is also charged with failing to recuse himself from sitting on numerous proceedings concerning entities in which his wife had a financial interest.
Again, the Resolution details the story of how Justice Thomas flagrantly violated federal ethics law and betrayed his Constitutional oath of office.
Finally, Justice Thomas is charged with violating federal law by failing to disclose the source, description and value of hundreds of thousands of dollars of gifts and amenities he and his wife received over some 15 years from a wealthy individual affiliated with an entity that regularly files briefs before the Court.
Similarly, the Resolution introduced against Justice Alito details his misconduct. He is charged with failing to recuse himself from cases in which he had a personal bias or prejudice concerning a party—specifically his supporting those persons who incited and executed the January 6, insurrection.
Like, Justice Thomas, Justice Alito is also charged with failing to disclose gifts of luxury travel and amenities given to him by organizations and individuals with interests before the Court.
The two Justices’ misconduct, detailed in the impeachment resolutions is appalling. The United States Supreme Court should set the gold standard for judicial ethics, compliance with federal law, and the rule of law. Instead, of a model, however, the Roberts Court has made a mockery of all three. Politics and corrupt conduct are tolerated, not punished.
To that point, on September 12, 2021 Justice Amy Coney Barrett gave a speech at the 30thanniversary of the University of Louisville McConnell Center in Louisville, KY. Justice Barrett rejected claims that decisions by the high court are driven by political views.
Then, in a quintessential display of hypocrisy, Justice Barret sanctimoniously proclaimed that judges must be “hyper vigilant to make sure that they’re not letting personal biases creep into their decisions, since judges are people too.” She solemnly intoned, that the Court “is not comprised of a bunch of partisan hacks.”[1]
Based on the two Resolutions referred to herein, not to mention the Court’s failure to adhere any code of judicial ethics, federal law and to the rule of law, I beg to differ with you Justice Barrett.
Your Court is full of partisan hacks.
Notes.
[1] See:https://www.cnn.com/2021/09/13/politics/amy-coney-barrett-supreme-court-not-partisan/index.html https://www.theguardian.com/commentisfree/2021/sep/15/amy-barrett-supreme-court-partisan-hacks
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