Clarence Thomas Might Have Just Broken the Law in the Supreme Court
By
Darragh Roche On 12/9/22 at 7:40 AM EST
U.S.
Supreme Court Associate Justice Clarence Thomas may have broken the law by refusing to recuse himself from a high-profile Supreme Court case, according to legal scholar Laurence Tribe.
Tribe, professor emeritus at Harvard University, told
MSNBC's Lawrence O'Donnell that Thomas may have violated
28 U.S. Code § 455 because he has not disqualified himself in
Moore v. Harper, a controversial case about the power to draw and strike down electoral maps.
The statute cited by Tribe deals with federal judges disqualifying themselves from cases and he argued that Thomas was in violation of the law because of "two provisions that almost any lawyer would say require Clarence Thomas not to participate at all."
United States Supreme Court Associate Justice Clarence Thomas poses for an official portrait at the East Conference Room of the Supreme Court building on October 7, 2022 in Washington, DC. Thomas has not recused himself from a case involving the power to strike down electoral maps. Alex Wong/Getty Images
"One of them says that a justice—and it specifically applies to Supreme Court justices—may not participate if somebody could reasonably question that justice's impartiality," Tribe said.
"Clearly that's the case here," he said, and he also cited a section that says a justice shouldn't be involved if their spouse has an interest in the case.
"It's obvious that Ginni Thomas has an interest," Tribe said. "She was an active participant in the attempt to use something like the independent state legislature theory that was before the court on the argument on Wednesday and Clarence Thomas happily participated anyway."
In
Moore v. Harper, North Carolina
Republicans are asking the Supreme Court whether state courts have the legal authority to throw out electoral maps and order districts to be redrawn. The justices are considering the so-called "Independent State Legislature theory," which holds that courts do not have the power to strike down maps drawn by state legislatures.
Justice Thomas has not recused himself from a case involving courts' power to strike down electoral maps.
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