Two minor but telling developments this week provide dismal reminders that the U.S. Supreme Court is mired in a crisis of legitimacy because of what certainly looks like overt partisanship by its conservative majority. Chief Justice John Roberts should add these to the multiple other examples of broken trust by his fellow jurists the next time he publicly laments the court’s loss of standing, as he recently did.
On Monday, Justice Clarence Thomas issued a temporary reprieve to Sen. Lindsey Graham, R-S.C., from having to testify to a grand jury about efforts by Donald Trump’s allies to manipulate the 2020 presidential election results in Georgia. Graham’s appeal went to Thomas because he’s the justice over that regional jurisdiction. His order putting Graham's testimony on hold is a routine way of giving the full court time to review the issue.
But as with anything regarding that election, having Thomas involved in any way automatically looks suspect because of his wife, right-wing activist Ginni Thomas. In the weeks leading up to the Jan. 6, 2021, Capitol insurrection, Ginni Thomas flooded Trump’s inner circle with unhinged texts calling Joe Biden’s election a “coup,” suggesting the Biden “crime family” should face “military tribunals for sedition,” and generally encouraging resistance to accepting the election outcome. In what universe is it OK for Justice Thomas not to recuse himself from anything Jan. 6-related when this is the kind of pillow talk he goes home to at night?
