Justices Antonin Scalia and Clarence Thomas Guilty of Ethics Breach

I have focused on the improper behavior of Justice Clarence Thomas several times. His wife brings in significant income into the Thomas household from far right groups who then have their interests reviewed in cases before the U. S. Supreme Court. Not surprisingly given Thomas' questionable ethics - remember, he likely perjured himself before Congress during his confirmation hearings - he sides with the litigants who have bestowed money either directly or indirectly on his wife. Such behavior would be shocking in any judge, but for a Supreme Court justice it is nothing less than horrifying. Now, a watchdog group has alleged that both Thomas and Antonin Scalia committed ethical breaches in not recusing themselves in the case Citizens United vs. Federal Election Commission. Indeed, the group, Common Cause, is asking the U.S. Justice Department to investigate the matter. Frankly, in my opinion, Thomas needs to be removed from the Court and Scalia needs to either cease his partisanship behavior or resign as well. The Los Angeles Times looks at the situation. Here are highlights:
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A government watchdog group alleges that two of the Supreme Court's most conservative members had a conflict of interest when they considered a controversial case last year that permitted corporate funds to be used directly in political campaigns.
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Justices Antonin Scalia and Clarence Thomas are the subject of an unusual letter delivered Wednesday by Common Cause asking the U.S. Justice Department to look into whether the jurists should have disqualified themselves from hearing the campaign finance case if they had attended a private meeting sponsored by Charles and David Koch, billionaire philanthropists who fund conservatives causes.
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If it believes there is a conflict, the Justice Department, as a party to the case, should ask the court to reconsider its decision, Common Cause said.
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The letter is based in part on references to Scalia and Thomas made in an invitation to an upcoming meeting this month of elite conservative leaders sponsored by the Kochs. The invitation, first obtained by the liberal blog Think Progress, names the two justices among luminaries who have attended the closed Koch meetings at unspecified dates in the past.
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Some legal scholars dismiss the complaint as unlikely to succeed. But others said raising the issue could engender useful public scrutiny and debate about judicial independence. Steven Gillers, a legal ethics specialist at New York University, said the Koch brothers' use of Scalia and Thomas' name for their upcoming meeting was "troubling."
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"I believe the nation has a right to know exactly what role if any the Justices played in the Koch gatherings, including the content of any remarks they made and whether Citizens United was a subject of any gathering they attended," Gillers said. "The answers can help determine whether they were able to sit in the case and, if not, whether the result should be overturned.
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It is common for members of the federal judiciary to attend events where legal and political issues are discussed. But the law prohibits them from taking part in cases where their impartiality might reasonable be questioned. In their letter to Holder, Common Cause executives say that such a conflict appears to exist.