Individual justices make their own unreviewable calls on a court that lacks a code of ethics.
, Justice Thomas took part in the consideration of whether to hear those cases. He also was the
In the weeks leading up to the election, Thomas used her Facebook page to amplify unsubstantiated claims of corruption by Joe Biden, Trump’s opponentOnce it was over, Thomas, known as Ginni, sent weeks of text messages imploring White House chief of staff Mark Meadows, furthering Trump’s lies that the free and fair vote was marred by nonexistent fraud, according to copies of the messages obtained by The Washington Post and CBS News.
In the same period, Powell brought cases to the Supreme Court, which were denied without any noted recusals or dissent. "Judges are obligated to recuse themselves when their participation in a case would create even the appearance of a conflict of interest. A person with an ounce of commonsense could see that bar is met here," Wyden said in a statement.
Ginni Thomas, for her part, downplayed any potential conflict in an interview with the conservative Washington Free Beacon earlier this month, before the text messages’ publication. "Like so many married couples, we share many of the same ideals, principles and aspirations for America," Thomas said. "But we have our own separate careers, and our own ideas and opinions too. Clarence doesn’t discuss his work with me, and I don’t involve him in my work.
Gabe Roth, of the court transparency group Fix The Court, said an ethics code would help the justices make consistent decisions about recusals. "Every justice sees their own ethical obligations different from one another. There should be some hard and fast rules that everyone follows," Roth said.
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