We Must Judge

If our present Supreme Court is not the worst in our history it is certainly the worst we have had in centuries. No court has been more politicized and no justice has behaved more unethically than Clarence Thomas. One has to be careful about accusing anyone of corruption. Such charges must be proven and the burden of proof is difficult. Ethical violations are another matter. Some behavior is so unethical on its face that it must not be tolerated. The evidence of unethical behavior is mounting in regard to Thomas. He ruled in favor of Citizens United even after receiving one hundred thousand dollars from Citizens United. He was the only dissenting voice in a decision rendered against a person who has given him valuable gifts and has done many favors for him. Justice Thomas has failed to report such gifts or to reveal his wife’s income, which is particularly egregious considering that she works for right wing groups that lobby for laws that are frequently placed before the Supreme Court. In no case has Thomas recused himself from hearing an appeal regardless of the apparent conflicts of interest that might have determined how he ruled.

Such behavior is the very antithesis of fair and impartial justice. It is a clear violation of the ethical rule that a judge must avoid any appearance of partiality or a conflict of interest. Justice Abe Fortas resigned over a scandal involving behavior that was no more unethical than Justice Thomas’s behavior. Unfortunately there is no higher court. Which is to say that there is no one who can enforce the ethics we have every right to expect members of the Supreme Court to follow. Justice Thomas’s action must not stand. Every other branch of government is subjected to a check and balance from another branch. Such must also be the case in regard to a Justice of the Supreme Court who violates the public trust. Impeachment has no teeth in this instance. The burden of proving a high crime or misdemeanor is too great under these circumstances. The politicization of the court makes it unlikely that the Republicans would ever oust a justice serving the very interests that support the Republican Party.

All we now have to redress this grievance is the court of public opinion. But what if that court never hears the case. What if there is no hue and cry that will make the public aware of these violations. Where is the President of the United States? Where is the Democratic Party? Where is the news media? Who will plead this case? It must be us and it must be now! The damage being done to our political and judicial system is far too great for us to remain silent. We must exert relentless and overwhelming pressure. We must make the Republicans set their interests aside and do what is best for this country. We must make the Republicans acknowledge that this is not a matter ideology because ethical standards have no ideology. Justice Thomas must resign or be forced out of office!