The U.S. Supreme Court heard arguments this week regarding former President Donald Trump‘s claim of absolute presidential immunity.
From the courthouse in Manhattan where Trump faces 34 felony counts for allegedly falsifying business records to cover up payments to adult film star Stormy Daniels prior to the 2016 presidential election, the presumptive GOP nominee said of the first day of the Supreme Court hearing: “I heard the meeting was quite amazing. Quite amazing and the justices were on their game.”
Trump’s assessment included nine justices — the full bench — though many critics, including high ranking elected officials like Sen. Sheldon Whitehouse (video below), have voiced their opposition to SCOTUS Justice Clarence Thomas participating in the hearings.
The objections to Thomas’s participation center on his wife, Ginni Thomas, whose contact with top Trump advisers “about the push [to overturn the 2020 election]” and “role in a mass email campaign to pressure state legislators responsible for certifying Biden’s electors” are seen as presenting a conflict of interest for the Thomas.
Ginni Thomas also attended the January 6, 2021 rally before the US Capitol attack.
Justice Thomas’ refusal to recuse himself at this morning’s Trump immunity hearing marks another historic low in the high court’s ethics. His moral decay infects the entire Court. It demonstrates the need for a code of ethics mandated by Congress w/a real enforcement mechanism.
— Richard Blumenthal (@SenBlumenthal) April 25, 2024
U.S. Senator Richard Blumenthal (D-CT) wrote today: “Justice Thomas’ refusal to recuse himself at this morning’s Trump immunity hearing marks another historic low in the high court’s ethics. His moral decay infects the entire Court. It demonstrates the need for a code of ethics mandated by Congress w/a real enforcement mechanism.”
[NOTE: Public opinion on SCOTUS echoes Blumenthal’s criticism with Pew Research noting last summer that favorable views of Supreme Court had fallen to historic lows, with only 44% of Americans having a favorable view of the Court. In a university study from this year, that approval figure dropped to 40%.]
Judicial ethics experts like Gabe Roth also agree with Blumenthal, saying Thomas should explain his decision not to recuse himself. The executive director of the organization Fix the Court said: “Reasonable people are questioning Justice Thomas’ partiality and I think he definitely owes the American people an explanation of why he is unbiased in these cases.”
