Democrats should not get away with their shameless political gambit to force Justice Clarence Thomas’s recusal from Supreme Court cases based on the political activism of his wife, Ginni Thomas.
Supreme Court justices are not even subject to disqualification over their own activities that bear directly on cases. This never upsets Democrats when the justices have been appointed by Democratic presidents. Consequently, Justice Elena Kagan did not recuse herself from the Obamacare case, providing the critical vote to uphold it despite having served as President Obama’s solicitor general when the administration was formulating the legal strategy to defend the Affordable Care Act. (See Ed Whelan’s analysis, here.)
Comments