Litigation

Justices? (and Spousal) Ethics, Decorum Eyed

By Peter Hardin

Published reports that two Supreme Court justices attended seminars sponsored by Koch Industries, a manufacturing conglomerate that bankrolls conservative causes, have stirred up questions about judicial ethics, according to a Huffington Post article.

An article in the liberal Think Progress blog reported extensively on an internal memo about a Koch gathering in June, attended by “industry titans” and Republican operatives to plan the 2010 election and more. The article noted, “Past Koch meetings have included various Republican lawmakers…and Supreme Court Justices Clarence Thomas and Antonin Scalia as speakers.”

“It is intriguing because the Koch brothers are so politically active and identify with a point of view,” Huffington Post quoted  Stephen Gillers, who teaches law at New York University, as saying.

“I know I would be curious to know exactly what forums the Justices went to. Obviously they could not go to a strategy session about how to elect more Republicans. On the other hand if it was a forum on the meaning of the First Amendment and it didn’t involve strategy or fundraising a Justice could appear.”

The Think Progress blog followed up on its initial report with another post that was headlined, “What Role Have Scalia and Thomas Played in the Koch Money Machine?” The justices’ attendance also was noted near the end of a New York Times article entitled, “Secretive Republican Donors are Planning Ahead.”

Meanwhile reports (click for New York Times here, Washington Post here) that Ginni Thomas, the wife of Justice Thomas, left a telephone message seeking an apology from Anita Hill, the judge’s sexual-harassment accuser 19 years ago, have sparked a flurry of debate.

“It’s not Ginni Thomas who deserves an apology,” was the headline for  a Washington Post column by Ruth Marcus. “Seeking Apology, Justice Thomas’s Wife Baffles Conservatives,” a Wall Street Journal headline declared. Dahlia Lithwick explored Ginni Thomas’s motives in Slate.

Gavel Grab has written earlier posts about Ginni Thomas’s role as head of Liberty Central, a conservative lobbying group. In that context, the Los Angeles Times has published an article, “Justice Thomas’ Wife Says Healthcare law is Unconstitutional.” The Blog of Legal Times followed up with a new report, “Virginia Thomas Backs off Debate on the Constitution, Healthcare.”

The “Room for Debate” column in the New York Times asked whether justices, and perhaps their spouses, ought “to show greater decorum and neutrality than other political actors?” It also noted that Chief Justice John Roberts said this week that justices should not have to attend the annual State of the Union speech by the president.

Ginni Thomas is likely to stay in the spotlight a while. Retired federal Judge Lee Sarokin wrote in Huffington Post, “Should Justice Thomas Recuse or Resign Based Upon His Wife’s Conduct?”

Full post as published by The Gavel on October 21, 2010 (boomark / email).