NORTON META TAG

12 February 2011

Clarence Thomas: A supreme ethical conflict from CREDO & Reagan DOJ Official Slams Scalia’s Tea Party Gathering from THINKPROGRESS 10FEB11



TWO Supreme Court justices ethically challenged, and a threat to our judicial system and to the civil rights and liberties guaranteed by our constitution. clarence thomas must recuse himself from all deliberations on health care reform, the Affordable Care Act. Join Credo in calling for justice thomas to recuse himself by clicking the link. And check out the article from ThinkProgress on former Deputy Attorney General (reagan administration) Bruce Fein's opinion on justice antonin scalia's lack of judicial propriety with his relationship with the tea party and koch brothers......
A supreme ethical conflict
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To protect the honor of the highest court in the land, Thomas must recuse himself from deliberations on the constitutionality of the Patient Protection and Affordable Care Act.

Take action now!
A case challenging the constitutionality of the health care reform bill passed by Congress is headed to the Supreme Court, and Justice Clarence Thomas has a supreme ethical conflict.
It's been widely reported that the Thomas family has financial ties to the conservative organizations leading the campaign to bring down our new health care law — the Patient Protection and Affordable Care Act.
Rep. Anthony Weiner and 73 other members of Congress have signed a letter detailing the appearance of ethical conflict and asking Justice Thomas to recuse himself from deliberations on the constitutionality of health care reform.
We're asking you to sign a companion letter that Rep. Weiner — a champion of progressive issues — will deliver to the Supreme Court along with the letter signed by members of Congress.
The letter to Justice Thomas reads:
As an Associate Justice, you are entrusted with the responsibility to exercise the highest degree of discretion and impartiality when deciding a case. We join Rep. Anthony Weiner and other members of Congress in writing to note our surprise at recent revelations of your financial ties to leading organizations dedicated to lobbying against the Patient Protection and Affordable Care Act. We write today to respectfully ask that you maintain the integrity of this court and recuse yourself from any deliberations on the constitutionality of this act.

The appearance of a conflict of interest merits recusal under federal law. From what we have already seen, the line between your impartiality and you and your wife's financial stake in the overturn of health care reform is blurred. Your spouse is advertising herself as a lobbyist who has "experience and connections" and appeals to clients who want a particular decision — they want to overturn health care reform. Moreover, your failure to disclose Ginny Thomas's receipt of $686,589 from the Heritage Foundation, a prominent opponent of health care reform, between 2003 and 2007 has raised great concern.

This is not the first case where your impartiality was in question. As Common Cause points out, you "participated in secretive political strategy sessions, perhaps while the case was pending, with corporate leaders whose political aims were advanced by the [5-4] decision" on the Citizens United case. Your spouse also received an undisclosed salary paid for by undisclosed donors as CEO of Liberty Central, a 501(c)(4) organization that stood to benefit from the decision and played an active role in the 2010 elections.

Given these facts, there is a strong conflict between the Thomas household's financial gain through your spouse's activities and your role as a Associate Justice of the United States Supreme Court. We urge you to recuse yourself from this case. If the US Supreme Court's decision is to be viewed as legitimate by the American people, this is the only correct path.

We appreciate your thoughtful consideration of this request.
Thomas failed to disclose that his wife Ginni Thomas received a total of $686,589 in compensation from the Heritage Foundation.1 Furthermore his wife is currently advertising herself as a lobbyist who has "experience and connections" to conservative groups who have an explicit agenda to overturn health care reform — by repeal in the Congress or overturning the law in the courts.2
Justice Thomas is no stranger to questions of ethics. Along with Justice Antonin Scalia he attended meetings organized by the secretive, Tea Party-funding billionaire Koch brothers. The Koch brothers have been key players in rewriting the political landscape after the Citizens United Supreme Court decision unleashed the floodgates of corporate money in federal politics.3 And Thomas' wife has received an undisclosed salary paid for by undisclosed donors as CEO of Liberty Central, a 501(c)(4) organization that was formed to take advantage of Citizens United rules and to play an active role in the 2010 elections.
Unlike other members of the federal judiciary, Supreme Court Justices have no specific code of ethics to which they may be held accountable. But there is a clear appearance of a conflict of interest between his wife's clear financial stake in overturning the health care law and Justice Thomas' personal duty to exhibit the highest degree of discretion and impartiality. To protect the honor of the highest court in the land, Thomas must recuse himself from deliberations on the constitutionality of the Patient Protection and Affordable Care Act.
Sincerely,
Becky Bond, Political Director
CREDO Action from Working Assets


© 2011 CREDO. All rights reserved. Questions? Send us an e-mail or write us at: 101 Market Street, Suite 700, San Francisco, CA 94105.

Reagan DOJ Official Slams Scalia’s Tea Party Gathering

Bruce Fein, Ronald Reagan’s former Associate Deputy Attorney General, published a letter in today’s New York Times castigating Justice Antonin Scalia for speaking to a backroom meeting organized by the House Tea Party Caucus:
Justice Antonin Scalia galloped beyond the farthest boundaries of judicial propriety in secretly meeting on Capitol Hill to discuss the Constitution with Tea Party members of Congress saddled with a co-equal duty to assess the constitutionality of legislative action. If there are better ways to destroy public confidence in judicial impartiality, they do not readily come to mind. … Associate Justice Abe Fortas was forced to resign for, among other things, secretly advising President Lyndon B. Johnson on race, urban unrest and the Vietnam War.
Sadly, Scalia’s schmoozing with Tea Partiers is only one of many recent instances which call into question the impartiality of the federal bench. Scalia and his colleague Clarence Thomas both attended Koch-hosted fundraising sessions devoted to building and funding a corporate political movement. Likewise, Justice Alito is a profligate fundraiser for right-wing political causes. Justice Thomas’ wife may have found a way to get rich off of her husband’s judicial decisions. Three federal appellate judges sit on the board of an infamous “junkets for judges” organization that offers expense-paid trips to western resorts for judges who agree to attend a seminar on how to rule in favor of corporations. In the Fifth Circuit, which will hear appeals arising out of the BP oil disaster, ten of the court’s sixteen judges hold oil investments. The court’s chief judge, Edith Jones, holds as much as $330,000 in oil investments and frequently attends pro-corporate junkets. All of this raises serious questions about whether ordinary Americans can expect impartial justice, or whether justice is only available to those who can afford it.
http://thinkprogress.org/2011/02/11/fein-scalia/

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