The corruption of Supreme Court Justice Clarence Thomas is unacceptable. Here’s what we can do about it
On Ed
Noah Bookbinder and Dennis AftergutAugust 10, 2023
If you thought you could no longer be shocked by the lavish gifts conservative billionaires have reportedly bestowed on Supreme Court Justice Clarence Thomas, ProPublica’s remarkable investigative report might surprise you Thursday. It reveals even more of the depth of Thomas’s corruption.
The report reveals Thomas’s pattern of secretly accepting private flights, yacht trips and other luxury goods from a cadre of super-wealthy conservative donors over three decades in violation of legal and ethical standards. None of these donors knew Thomas before he joined the court.
These secret gifts represent unacceptable corruption within the country’s highest court.
ProPublica reported that these wealthy benefactors have taken credit for at least 38 vacations, including a previously unknown yacht trip around the Bahamas, 26 private jet flights, helicopter rides, box seats at sporting events and stays at luxury resorts.
Thomas misusing his exalted position to enrich himself and live a life of luxury is exactly the kind of thing that has eroded public confidence in a crucial institution. The perceived legitimacy of the Supreme Court has fallen to an all-time low.
Thomas appears to have broken the law by not disclosing these gifts, ethics experts said. They also raise the possibility of conflicts of interest and undue influence. As the ProPublica writers point out, Thomas billionaire donors work in industries significantly impacted by the court’s decisions.
More fundamentally, corruption may stem from a conscious or unconscious sense of guilt on the part of officials towards those who treat them favorably and a tendency to share their worldview. The recipient of such lavish gifts can hardly help but feel the pressure to conform his beliefs to the expectations of the people who foot the bill for his luxurious flights, yachts and accommodations. It is not unreasonable to doubt that Thomas has been guided by the good of our country or is unable to give up the ideological preferences of his wealthy allies, especially at the risk of losing a lifestyle to which he and his wife are accustomed touched.
And yet, even in the face of these shameful ethical lapses, we need the Supreme Court, and we need it to be effective and respected. It has been a last line of defense for individual rights, with a history of controlling elected officials who would increase their own power by diminishing ours.
Making the Supreme Court accountable to ethical rules is the path to restoring its credibility. The Supreme Court’s Ethics, Recusal and Transparency (SCERT) Act, which focuses on standards for challenge cases by the judges, is a critical and constitutionally appropriate step toward that goal.
Another possibility is an investigation into apparent ethical violations of Thomas by the Justice Department or Chief Justice John G. Roberts Jr., as one of us has previously urged.
Like other judges and indeed most Americans in any profession, judges must be subject to an enforceable code of conduct. The Supreme Court must be clearly reminded that while judges interpret the law, they are not above it. Americans can and should remind them of this in several ways.
Citizens can call or write their congressional representatives urging them to act on legislation to hold the court accountable. Lawyers can speak out through groups like the American Bar Assn., which this week announced a Task Force on Democracy headed by esteemed former federal appellate judge J. Michael Luttig.
Each of us can make it clear that this kind of court corruption is unacceptable. Judge Thomas will sadly leave a legacy of failing to uphold ethical and legal standards. It is a legacy that Americans must firmly reject.
Noah Boekbinder is the chairman of
Citizens for Responsibility and Ethics in Washington
and former federal prosecutor. Dennis Aftergut is a former federal prosecutor who is an advisor to Lawyers Defending American Democracy
.