Opinion by Ruth Marcus: Justice Thomas should recuse. Here’s why.
calling on House Republicans to expel Reps. Liz Cheney and Adam Kinzinger from the House Republican Conference for participating in an “overtly partisan political persecution.”
Which raises the question of his recusal. If Ginni Thomas isn’t going to adjust her activities, Justice Thomas should. Something’s got to give, for the good of the court and its reputation.The difficulty is that when it comes to deciding whether to step aside from hearing a case, Thomas, like the rest of the justices, is his own judge. The commonly proposed solution is to make Supreme Court justices subject to ethics rules, like other federal judges.
The Supreme Court presents complications when it comes to the matter of recusal. Lower-court judges who are asked to recuse themselves and decline to do so are subject to second-guessing by higher courts. Who’s going to judge the justices? Their peers? Don’t count on that happening anytime soon.Moreover, a justice’s recusal is a bigger deal than in the case of a lower-court judge who steps aside and can be replaced by a colleague.
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