Sunday, March 14, 2010

Clarence and Ginni

It has been no secret that Clarence Thomas is a consistent vote for the more conservative position on almost every Supreme Court decision. He espouses an "originalist" position that the literal meaning of the Constitution in its time should be honored in today's time and culture. Unless, of course, it has to do with installing George Bush as president and other radical rightist decisions.

Now an article from the Los Angeles Times describes the non-profit lobbying group launched by Thomas' wife Virginia as "a tea-party-linked group that could test the traditional notions of political impartiality for the court."
In January, Virginia Thomas created Liberty Central Inc., a nonprofit lobbying group whose website will organize activism around a set of conservative "core principles," she said.

The group plans to issue score cards for Congress members and be involved in the November election, although Thomas would not specify how. She said it would accept donations from various sources -- including corporations -- as allowed under campaign finance rules recently loosened by the Supreme Court.

"I adore all the new citizen patriots who are rising up across this country," Thomas, who goes by Ginni, said on the panel at the Conservative Political Action Conference. "I have felt called to the front lines with you, with my fellow citizens, to preserve what made America great."

The move by Virginia Thomas, 52, into the front lines of politics stands in marked contrast to the rarefied culture of the nation's highest court, which normally prizes the appearance of nonpartisanship and a distance from the fisticuffs of the politics of the day.
While not illegal and not violating stated ethical regulations, her political activity could clearly create conflict of interest situations that would call into question her husband's impartiality.
Virginia Thomas has long been a passionate voice for conservative views. She has worked for former Republican Rep. Dick Armey of Texas and for the Heritage Foundation, a conservative think tank with strong ties to the GOP.

In 2000, while at the Heritage Foundation, she was recruiting staff for a possible George W. Bush administration as her husband was hearing the case that would decide the election. When journalists reported her work, Thomas said she saw no conflict of interest and that she rarely discussed court matters with her husband.

"We have our separate professional lives," she said at the time. . . .

Although Liberty Central is a nonpartisan group, its website shows an affinity for conservative principles. Her biography notes that Thomas is a fan of Rush Limbaugh and Mark Levin, author of "Men in Black: How the Supreme Court is Destroying America."

"She is intrigued by Glenn Beck and listening carefully," the bio says.
NYU law professor and legal ethics expert Stephen Gillers said:
There is opportunity for mischief if a company with a case before the court, or which it wants the court to accept, makes a substantial contribution to Liberty Central in the interim," he said.
The Supreme Court has no rules for when a Justice must recuse himself from participating in a case. It would be left up to Justice Thomas to make that decision. Given his close association with Justice Scalia, this is not encouraging, given Scalia's record of refusing to recuse himself from cases that others clearly thought he should.

And what about after the fact. Let's see how many corporations express their gratitude to Justice Thomas for overturning any limits on corporate campaign contributions by helping Ginni Thomas fund her "non-profit" political foundation.

Beware the perfidy of the pious !

Ralph

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