From the Editorial Board: In his recent alarm over a widely reported decline in public confidence in the Supreme Court, Justice Clarence Thomas chose a worthy target, but his diagnosis missed a major symptom: his own family ties.
Supreme Court Justice Clarence Thomas speaks at a conference in Dallas on May 13, 2022.
He’s not alone in his concerns. Recent polls show Americans’ approval of the high court hitting new lows even before the leak. But the combative nature of politics in these times makes it critical for the court to maintain respect for its ability to “call balls and strikes,” in Chief Justice John Roberts’ clever baseball umpire comparison.
Recusals matter. Significantly, the news of Ginni Thomas’ text messages broke a day after Supreme Court nominee Ketanji Brown Jackson testified that she would recuse herself from a major case involving Harvard University, where she serves on the governing board. Justices should not participate in cases in which they or close family members have a personal interest.
Conservative critics also criticized Justice Ginsburg for hearing cases that involved the ACLU and women’s rights organizations with which she had worked before she became a justice.
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