THE SUPREME COURT NEEDS AN ENFORCEABLE CODE OF ETHICS

Justice Thomas’ refusal to recuse himself from cases about the 2020 election, given his wife’s attempts to overturn the 2020 election, requires Congressional action.

QUICK READ: The scandal swirling around Ginni Thomas, wife of conservative Supreme Court Justice Clarence Thomas, revealed she pushed the White House to overturn the 2020 election at the same time Trump and his allies were trying to get SCOTUS to negate the election results. Coincidence? Coordination? It’s called into question SCOTUS’ impartiality and legitimacy. Congress must fully investigate the extent of Thomas’ real and potential, past and present conflicts of interest to determine whether impeachment is warranted and draft a Code of Conduct if SCOTUS fails to act. 


TAKE ACTION NOW:

BACKGROUND

That Justice Clarence Thomas’ ultra-right wing activist wife strategized with White House aides about overturning the 2020 election at the same time Trump and his allies were trying to get SCOTUS to negate the election results has scandalized the country.  

It’s also known she helped plan and attended the January 6 rally and called for Reps. Cheney’s and Kitzinger’s removal from the GOP Caucus.

Nevertheless, Thomas failed to remove himself from more than 10 cases about the 2020 election and January 6 insurrection cases that came before SCOTUS—just the latest, most blatant violation of his duty to step aside from cases implicating his wife’s political activities.

Ethics experts agree this behavior clearly violates the Disqualification Statute, which requires a justice’s recusal whenever “impartiality might reasonably be questioned.”  

Responding to this scandal, which calls into question SCOTUS’ impartiality and legitimacy, some lawmakers, including our Senators, have demanded: 

  • SCOTUS produce a binding Code of Conduct 

  • Justice Thomas must justify his participation in these cases and recuse himself in all 2020 election and January 6 cases going forward.

Others are calling for Thomas’ resignation, Congressional investigations, and impeachment, which is the only way to remove a federal judge.

It’s time for Congress to act. 


ACTION One: Call the Senate.

Script for Oregon Senators

SEN. MERKLEY: Portland office: 503-326-3386 | D.C. office: 202-224-3753

My name is [--] and I'm a constituent from [city], Oregon [zip code].

Justice Thomas’ refusal to disqualify himself from hearing cases involving the 2020 election and January 6 calls into question SCOTUS’ impartiality and legitimacy. Thank you for calling for his recusal going forward and demanding that SCOTUS adopt a Code of Conduct, but Congress must do more to address the current scandal. It must also fully investigate the extent of Thomas’ real and potential past and present conflicts of interest to determine whether impeachment is warranted and draft a Code of Conduct if SCOTUS fails to act.

SEN. WYDEN:

Portland office: 503-326-7525 | D.C. office: 202-224-5244

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Justice Thomas’ refusal to disqualify himself from hearing cases involving the 2020 election and January 6 calls into question SCOTUS’ impartiality and legitimacy. Thank you for calling for his recusal going forward and demanding that SCOTUS adopt a Code of Conduct, but Congress must do more to address the current scandal. It must also fully investigate the extent of Thomas’ real and potential past and present conflicts of interest to determine whether impeachment is warranted and draft a Code of Conduct if SCOTUS fails to act.

Script for Republican Senators

D.C switchboard: 202-224-3121

My name is [–] and I’m a constituent from [city], [state], [zip code].

Justice Thomas’ refusal to disqualify himself from hearing cases involving the 2020 election and January 6 calls into question SCOTUS’ impartiality and legitimacy. Consistent with your oath to uphold the Constitution, you must call for a full investigation of Thomas’ real and potential past and present conflicts of interest and push for a Code of Conduct for the Supreme Court.


ACTION TWO: Call the House.

Script for Suzanne Bonamici (OR-01)

Oregon office: 503-469-6010 | DC office: 202-225-0855

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Justice Thomas’ refusal to disqualify himself from hearing cases involving the 2020 election and January 6 calls into question SCOTUS’ impartiality and legitimacy. Calling for his recusal going forward and demanding that SCOTUS adopt a Code of Conduct does not adequately address the current scandal. Congress must also fully investigate the extent of Thomas’ real and potential past and present conflicts of interest to determine whether impeachment is warranted and push for a Code of Conduct if SCOTUS fails to act.

Script for Cliff Bentz (OR-02)

Medford office: 541-776-4646 | DC office: 202-225-6730

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Justice Thomas’ refusal to disqualify himself from hearing cases involving the 2020 election and January 6 calls into question SCOTUS’ impartiality and legitimacy. Consistent with your oath to uphold the Constitution, you must call for a full investigation of Thomas’ real and potential past and present conflicts of interest and push for a Code of Conduct for the Supreme Court.

Script for Earl Blumenauer (OR-03)

Oregon office: 503-231-2300 | DC office: 202-225-4811

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Justice Thomas’ refusal to disqualify himself from hearing cases involving the 2020 election and January 6 calls into question SCOTUS’ impartiality and legitimacy. Calling for his recusal going forward and demanding that SCOTUS adopt a Code of Conduct does not adequately address the current scandal. Congress must also fully investigate the extent of Thomas’ real and potential past and present conflicts of interest to determine whether impeachment is warranted and push for a Code of Conduct if SCOTUS fails to act.

Script for Peter DeFazio (OR-04)

Eugene office: 541-465-6732 | DC office: 202-225-6416

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Justice Thomas’ refusal to disqualify himself from hearing cases involving the 2020 election and January 6 calls into question SCOTUS’ impartiality and legitimacy. Calling for his recusal going forward and demanding that SCOTUS adopt a Code of Conduct does not adequately address the current scandal. Congress must also fully investigate the extent of Thomas’ real and potential past and present conflicts of interest to determine whether impeachment is warranted and push for a Code of Conduct if SCOTUS fails to act.

Script for Kurt Schrader (OR-05)

Salem office: 503-588-9100 | DC office: 202-225-5711

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Justice Thomas’ refusal to disqualify himself from hearing cases involving the 2020 election and January 6 calls into question SCOTUS’ impartiality and legitimacy. Calling for his recusal going forward and demanding that SCOTUS adopt a Code of Conduct does not adequately address the current scandal. Congress must also fully investigate the extent of Thomas’ real and potential past and present conflicts of interest to determine whether impeachment is warranted and push for a Code of Conduct if SCOTUS fails to act.

PROTECT YOURSELF FROM SHARING PROPAGANDA:

A guide to avoiding misinformation - The Washington Post

ACTION 3: GOOD TROUBLE

For Ukraine. Links from Ukraine historian and author “On Tyranny,” Timothy Snyder: Yet one thing is encouraging: whenever I speak to my colleagues in Ukraine, they are all doing something.  The everyday courage is astonishing.  We should help if we can.  When I spoke to colleagues in Poland today, I was also astonished by the swift reaction of civil society to more than a million Ukrainians refugees.  I think we should affirm that impulse when we can.

Here are a few ways to help. I have made donations today and I hope you will too.

1.  Ukrainian reporters are, directly or indirectly, our main source of information about this war.  Many of them are at work now at risk to themselves without salaries and proper protective gear.  A fund that will direct support and equipment to journalists taking risks in Ukraine is 2402.  Have a look.

2.  For Americans who want a tax deduction, Razom remains a good bet.  This is a volunteer organization that will make good judgements about partners for humanitarian assistance.  Donate to Razom here.

3.  Hundreds of small Polish NGOs are assisting Ukrainian refugees now.  One of them that deserves support is Homo Faber in Lublin, near where many Ukrainian refugees cross. You can help them with a bank transfer:

Name of recipient: Stowarzyszenie Homo Faber; Purpose: Ukraina; IBAN: PL 93 1940 1076 3069 8598 0000 0000; SWIFT: AGRIPLPRXXX; Name of bank: Credit Agricole Bank Polska SA, ul. Legnicka 48, 54-202 Wrocław, Polska.  If you are on PayPal you might also be able to reach them that way: PayPal  Stowarzyszenie Homo Faber, ul. Chopina, 41, lok. 2, 20-023 Lublin, e-mail: info@hf.org.pl.

4.  People have been using Airbnb as a way to transfer money to individual Ukrainians by booking rooms they do not intend to use.  If you do this, make sure the phone number of your host has a 380 prefix (country code for Ukraine) and contact the host ahead of time.  Airbnb as a a company also enables people to help in another way, by offering lodging to Ukrainian refugees.

5. Canada has a large and well-organized Ukrainian diaspora, and its organizations are raising money for assistance to Ukraine. Here is the the appeal of the Canadian Red Cross.

6. To provide assistance to civilians in need, you can now donate directly by credit card to the Ukrainian Red Cross.

7. The Russian press blackout is shocking.  I urge you, if you want to support Russian reporters, to fund Meduza, working from Riga.

PS: The interest in supporting the Ukrainian armed forces is consistent, so I repeat that information here.

The organization Come Back Alive concentrates on protective gear and other equipment for soldiers.  You can donate using the information here.

Army SOS supplies medical equipment but also everything a soldier might need.  You can donate in cryptocurrency following this link or make a bank transfer in dollars via: IBAN: UA203052990000026003016809842;  SWIFT: PBANUA2XXXX; Bank: JSC CB "PRIVATBANK

You can contribute directly to the Ukrainian armed forces via credit card.  If you prefer a bank transfer that information is here.

GOOD TROUBLE: Below are opportunities to fight for our democracy. As John Lewis said, go make some “good trouble.” 

  • Find out more about Indivisible Oregon here

FURTHER READING:

The Long Crusade of Clarence and Ginni Thomas

Is Ginni Thomas a Threat to the Supreme Court?

Is Ginni Thomas’s Story Believable?

Democrats in Congress ask Clarence Thomas to recuse himself from Jan. 6 cases

Over 2 dozen Democrats sound the alarm about Clarence Thomas’ potential conflicts of interest, with some calling for his resignation or impeachment

Critics Clamor for Clarence Thomas to Quit, Be Impeached, Or Recuse Himself From Cases

Justice Thomas rules on Election Cases. Should His Wife’s Texts Have Stopped Him?
Political battle lines form on Clarence Thomas

Opinion: How to Impeach a Supreme Court Justice

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