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Ginning up a conflict: Ginni Thomas’ Jan. 6 involvement should have prompted husband Clarence’s recusal

Most fair-thinking people can agree that the actions of Ginni Thomas following the 2020 presidential election are reprehensible.

According to text messages published by the Washington Post and CBS News, the right-wing activist and wife of Supreme Court Justice Clarence Thomas urged then-White House Chief of Staff Mark Meadows to subvert the will of voters and assist President Trump in overturning the election results.

The content of these messages, in which Ginni Thomas sounds like a true-believer “Stop the Steal” conspiracy theorist, is disturbing, but what’s equally disquieting is how they came to public view: They were part of a tranche of messages given to the House select committee on the Jan. 6 riot.

It’s not clear whether Ginni Thomas’ missives were among the documents that Trump sued to stop the committee from obtaining, a petition denied by the Supreme Court in an unsigned order with a lone dissenter — none other than Justice Thomas. Nevertheless, Thomas let himself be put in the position of ruling on matters relating to a case in which his wife is directly implicated, one which is still very much under investigation. He should have recused himself then, and should recuse himself from any additional Supreme Court activity involving Jan. 6.

No one is saying that Clarence Thomas cannot be married to someone who is engaged in political causes. Justices have spouses, children and siblings with opinions and careers; sometimes they agree, sometimes they disagree. But, particularly at a time when the court’s legitimacy is being questioned, the burden is on a justice to, as federal law puts it, “disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” Ketanji Brown Jackson affirmed that principle when she said she would step aside from a Harvard affirmative action case because she is completing a term on the university’s board of overseers.

Presently, Ginni Thomas is working behind the scenes with many groups trying to get their cases before the high court. If Clarence refuses to recuse, the further delegitimization of the high court will be on him.

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