Justice Thomas RACIAL Issue Takes Media By Storm
(TheRedWire.com) – Former President Donald Trump had a unique opportunity to impact American jurisprudence for decades during his first term in office. Due to retirements and one death on the Supreme Court, he was able to reshape it into a significant 6 to 3 conservative majority. That situation has had liberal Democrats looking for any means necessary to overcome their misfortune. For instance, they’ve called for packing the Supreme Court. Additionally, in the wake of the Capitol Hill riot on January 6, 2021, they’ve called for the high court’s longest sitting conservative justice, Clarence Thomas, to recuse himself on cases before the court related to that incident.
Why are the Democrats so intent? Justice Thomas’ wife reportedly sent at least 29 text messages to the former president’s aides requesting they do everything possible to overturn the 2020 presidential election. Thomas said he would not recuse himself, and Democrats are screaming foul. On Wednesday, April 27, the House Committee on Judiciary Subcommittee on Courts heard testimony from legal experts on the issue, and Democrats were none too happy with the outcome.
What Requirement Exists That Justice Thomas Should Recuse Himself?
Congress creates all the lower judicial courts in the United States. The only exception is the US Supreme Court, which is a co-equal branch of government created by the US Constitution. In the end, Congress cannot influence how the Supreme Court does its business. Recusal of a judge is a judicial decision and is reviewable only by a higher court. There is no higher court in the land than the US Supreme Court.
Additionally, Congress enacted a Judicial Misconduct Statute. It permits citizens to file a complaint against a judge for engaging in ethical misconduct. However, it does not Constitutionally apply to the Supreme Court, and again, the recusal of a justice is up to the individual member of the high court.
So, it appears that Democrats are going after Justice Thomas over his wife’s alleged actions to score political points, knowing they can’t touch the justice.
Legal Expert Targets Democrats
Subcommittee chairman Hank Johnson (D-GA) opened the hearing by alleging that some conservative members of the Supreme Court were trying to get away with avoiding recusals. They specifically pointed at Justice Thomas. However, that assertion didn’t go unchallenged by attorney and legal expert Mark Paoletta.
Paoletta defended Thomas by saying black Democrats often refer to the conservative judge as an Uncle Tom over his views on voter ID and affirmative action. According to Paoletta, most blacks agree with the justice’s public statements and record. The attorney said the hearing wasn’t really about confidence in the Supreme Court. Instead, he said it was a Democratic attempt to discredit and delegitimize the conservative justices and the Court.
The attorney added that there are no ethical requirements or legal reasons why Justice Thomas should recuse himself from any case, regardless of his wife’s opinions or views.
Will Democrats stop trying to delegitimize the Supreme Court for political purposes?
Don’t count on it.
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