The stories about payments and gifts from rightwing billionaire Harlan Crow to Supreme Court Justice Clarence Thomas continue to escalate. The revelations began with ProPublica’s report that Crow had given luxurious vacations to Thomas and his wife. Then ProPublica reported that Crow bought the house where Justice Thomas’ elderly mother lives, rent free. Crow paid the private school tuition of Thomas’s grandnephew. The stories of the billionaires’ beneficence to this one Justice continue to roll out. Justice Thomas’ wife, a rightwing political activist, also received large fees from other sources who have cases before the Court.
What have we learned? The Supreme Court is not subject to any explicit code of ethics. Chief Justice John Roberts (whose wife has been paid millions as a headhunter for law firms that appear before the High Court) has refused to appear before the Senate Judiciary Committee.
The Boston Globe noted that the Clarence Thomas affair is unprecedented in its scope, so much so that it has had a profound effect on public respect for the Court.
As Supreme Court Justice Clarence Thomas faces a growing number of revelations that have raised intense scrutiny over his ethical practices, legal experts say the high court has found itself in unprecedented territory, its credibility in the eyes of the public rapidly eroding.
The slew of disclosures about Thomas, the most recent of which came Thursday, demonstrate a need for institutional reform and the revision of ethics rules, experts said.
“The revelations showcase how both wealthy and narrow interests cultivate their own relationships with justices with life tenure with the capacity to entrench or undermine policies for generations,” Robert Tsai, a professor at Boston University School of Law, said in an e-mail….
As Supreme Court Justice Clarence Thomas faces a growing number of revelations that have raised intense scrutiny over his ethical practices, legal experts say the high court has found itself in unprecedented territory, its credibility in the eyes of the public rapidly eroding.
The slew of disclosures about Thomas, the most recent of which came Thursday, demonstrate a need for institutional reform and the revision of ethics rules, experts said.
“The revelations showcase how both wealthy and narrow interests cultivate their own relationships with justices with life tenure with the capacity to entrench or undermine policies for generations,” Robert Tsai, a professor at Boston University School of Law, said in an e-mail.
Democrats are outraged and want accountability and reform. Republican sensors have closed ranks and insist that it’s up to the Court to reform itself. Fat chance.
Mark Paoletta defended Thomas, a friend of his, in a statement Thursday, arguing that, while Thomas was helping a “child in need,” Thomas was not required to report the tuition because his grandnephew was not technically his “dependent.”
But Stephen Gillers, a legal ethics professor at New York University School of Law, said that defense was invalid and that the payments “certainly had to be recorded on his disclosure statements.”
“The gift was to Thomas himself because Thomas had legal responsibility for his nephew’s education,” Gillers said. “He didn’t adopt the great-nephew, but he did become a legal guardian of the nephew and took on the responsibility to support the nephew, including education. The money relieves Thomas of having to pay.”
The report about Leo also poses “serious concern,” Gillers said. “The idea that a person can turn on the spigot, generate substantial income to the spouse of a justice, should be troublesome to the court and to the country.”
As outrageous as the Thomas revelations are, there is no chance that the Supreme Court will reform itself—or that a closely divided Congress will act. That is, unless Chief Justice John Roberts decides that he doesn’t want “the Roberts Court” to go down in history as the Court without ethical standards, unwilling to reform itself, indifferent to the collapse of public respect for the Court. If he has any sense of honor or shame, he might act.
Even if the Justices agree to stop taking gifts and money from interested parties, the Court still has the problem that it can’t solve: it is packed with five rightwing ideologues, three chosen by the Federalist Society, who used Trump as their willing dummy. Their decision to overturn Roe v. Wade, after swearing under oath that they would not, will be a permanent scar on the Suprene Court.
The only possibility to changing this is to throughly defeat Republicans at the polls and I just don’t think the electorate understands this.
Is the fact that the court is packed with philosophical clones directly related to the problem with the flirting with the appearance of corruption? I am aware that Thomas might be able to accept enormous gifts and still administer impartial judicial decisions. But surely he is smart enough to understand precedent, and someone less morally upright than himself might, without good rails go off the track and rule on the side of someone who will destroy the American Experiment for good. That these justices refuse to discuss this taints the entire 9.
They need to act. Now.
Roy,
You are too kind.
The Court is not simply “flirting with the appearance of corruption.” It’s far worse than flirting or appearance.
Far worse
My idea of sarcasm. Sorry.
Thomas is a sleaze. But the situation with Roberts’ wife’s job does not constitute a violation of ethics.
She’s a headhunter for biglaw? Yeah, that’s an absurd charge of conflict.
Yes, it is. There’s a good explainer here: https://abovethelaw.com/2023/05/john-roberts-wife-fees-not-a-scandal/?utm_campaign=Above%20the%20Law%20Daily&utm_medium=email&_hsmi=256607907&_hsenc=p2ANqtz-9GdFTJtD-PIZyvQO9C7hyiWcDzq4ROFr0T8clP3Th3jKMnIjfB6FBarUE9SNkL1uyGs1255VvgzR98WQlUqQtIR_GZDQ&utm_content=256607907&utm_source=hs_email
Thank you for the explainer. It sounds very similar to how Hunter Biden (and many other spouses and children of powerful government officials) made money. Via connections.
“Like many who no longer want to use their J.D. to practice law, Jane Roberts turned to legal recruiting, first at Major, Lindsey & Africa then at Macrae” and like many who get tired of doing legal work, learned that legal recruiters in their first 8 years always are paid over $10 million dollars!
Cut to half the partners in law firms quitting their firms and doing legal recruiting instead! Or um, maybe not.
She was paid the big bucks because it is a well-known fact that very rich and prominent law firms do not have a clue about how to recruit prominent government lawyers and prominent government lawyers do not have a clue how to let their friends high up in law firms know they are looking for jobs! Thank goodness there was someone brand new to legal recruiting like Jane Roberts who could bring them together! Thank goodness law firms could find someone they could pay a lot of money to because other legal recruiters could never be able to match the very valuable recruiting talents of Jane Roberts. Which have absolutely nothing to do with who her husband happens to be and his connections. Not at all.
This is what happened:
“the Chief Justice’s spouse may have leveraged the ‘prestige of the judicial office’” to “raise their household income.”
Just like Hunter Biden “might have leveraged the prestige of being a president’s son to “raise his household income.”
I DO love the double standard when it comes to Republicans, however, expressed by Amanda Frost, law professor at the University of Virginia: “It feels hard to imagine how this would corrupt his vote.”
It feels even MORE difficult to imagine how Hunter Biden’s firm earning money would corrupt Biden’s vote. Biden doesn’t even get that money himself, but Jane Robert’s income is John Roberts’ income!
As long as Republicans stop with their ridiculous double standard, I’m good with Jane Roberts earning a lot more money than most newly minted legal recruiters because of her husband’s position on the Supreme Court.
LOL that legal recruiting truly seems a way to pay someone for their connections. Can anyone be one, or are they like sports agents, where it’s the celebrity and connections that gets athlete/clients to sign with them and sports teams and corporate PR/Ad agencies to give huge deals to their clients (of which they get a cut)?
I just watched Jerry Maguire again (great performance by Tom Cruise). Everyone thought he was a great agent, right up until his firm dropped him and so did his clients. Without the connections, his so-called “talent” was not something that got him $10 million in 7 years.
I suspect that Jane Roberts finding legal recruiting so lucrative is similar. If John Roberts died tomorrow or stepped down in disgrace, would she still be making so much money? More likely it would play out like the Jerry Maguire story, and the answer is “no”, unless one hard working government lawyer stays on as her client, after asking her to “show me the money”. Jane, no longer having connections, fails to land a big law position for that one client, but the client gets an unlucky/lucky break where on national tv they become a hero after surviving a huge hit that knocks them unconscious for a while. And then Jane could get her lawyer client a position at a fancy law firm, and start earning commissions again. What a happy ending!
It’s so nice to have connections, as Jane Roberts and Hunter Biden can attest to. (As well as many other people).
It’s so nice when the lucrative payments your connections get you are viewed as being entirely unconnected to those connections because you are a Republican.
It’s so nice when the lucrative payments a family member receives are viewed as absolutely positively fine because the family member with power would never ever be influenced by those lucrative payments, because you are a Republican.
That’s a lot of speculation and snark, while being lacking in facts.
Jane Roberts was already a partner with a prestigious firm with a thriving practice when her husband became Chief Justice. To avoid any potential conflicts of interest, she left the practice of law and became a legal
recruiter.
Fifteen years later, a guy at her recruiting firm gets fired, sues the company, loses, then writes a letter claiming Jane Roberts has an ethics issue. For fifteen years the guy had no problem with Jane Roberts being a recruiter, but now it’s an ethics issue? Everyone in the legal community knew this, no one saw a conflict.
Because there isn’t one.
“Jane Roberts was already a partner with a prestigious firm with a thriving practice”
And Hunter Biden graduated from Yale Law School, the top law school in the country.
It’s not unusual for someone who is a perfectly decent student to be given positions that they are “qualified” to have that pays them an extremely generous amount of money. But when you are Republican and privileged, no one asks whether you had credentials that were superior to all the other candidates. Did someone who only graduated from Georgetown Law cum laude get a clerkship or a position over someone who graduate magna cum laude? That happens all the time, but Republicans politicize that when it is useful to them.
In those cases, Republicans say being “qualified” to do a job isn’t enough to explain the extremely lucrative compensation they earned because they have a family connection — but only if that person is a Democrat. If that person is a Republican, their connections had nothing to do with it, because they were “qualified”.
“In Washington, “access is everything,” noted journalist and Georgetown hostess Sally Quinn in an interview with HuffPost. “If you want to reach somebody in Washington, the best way to reach them is through their wives.”
Maybe legal recruiting is that lucrative for all former partners at law firms whose spouses are not Supreme Court Judges or even very high level White House counsels who know the right people.
It isn’t the position, it is how highly paid the position is that raises questions, at least when the family connection of the highly paid person is a Democrat. Because many other people with the same or better qualifications don’t earn that.
Now you’re simply speculating. And demonstrating a lack of knowledge of the legal profession.
And you’ve revealed nothing that disqualifies her for her previous or current success. Apparently you wouldn’t be satisfied unless she simply stopped working.
Tellingly, you’ve pointed to nothing factual that constitutes a conflict of interest.
Maybe it’s just me, but I think there is an ethical problem when the wife of the Supreme Court Chief Justice is a headhunter for law firms. Yeah, she should do something else. Or volunteer at her church. Or feed the hungry.
Maybe bake cookies? Run a Cub Scout den?
Interesting. Or maybe you can tell me where the conflict of interest lies?
“Tellingly, you’ve pointed to nothing factual that constitutes a conflict of interest.”
That’s a good one! Can I shut down criticism of Hunter Biden that way?? Did that shut down criticism of “she who cannot be named?” Did it shut down investigations?
There has been nothing factual that constitutes a conflict of interest for either of them but that was simply used to argue that it justifies a special prosecutor with an unlimited budget spending months or years to find the evidence. Remember, when it comes to people who aren’t Republicans, the mere appearance triggers an investigation.
You seem an expert, so maybe you can confirm that the typical starting compensation is $1 million a year, for beginning legal recruiters who just left their firm as partners.
Or is that more typical for legal recruiters with connections? Not that ther’s anything wrong wigth having connections pay off handsomely. Unless you are a Democrat, of course. In which case it requires a years long investigation.
You keep defending Jane Roberts from my pointing out that there is a double standard here. Why not just apply the defense you made for her to all the Democrats who got smeared and join me in criticizing the Republicans for their hypocrisy. Because your “defense”, that “there is nothing factual that constitutes a conflict of interest” has never shut down investigations into Democrats. That is the justification for the investigations that are demanded.
Are you suggesting we act like Republicans? And can you explain exactly how this is a conflict of interest for either John or Jane Roberts?
Are intentionally ignoring my point to protect Jane Roberts? Why?
Your standard of “you can’t investigate the appearance of wrongdoing before you have evidence that there was wrongdoing” is NEVER cited when it comes to investigating Democrats.
Can you explain exactly what constituted a conflict of interest when “she who may not be named” had her Arkansas law records combed through?
In fact, if your standard was applied to ALL, instead of just to privileged Republicans with powerful family connections who earned unusually “generous” compensation, there would be no Hunter Biden investigation and there would never have been a Whitewater investigation.
On contrary, Republican prosecutors regularly comb through every aspect of a Democrats’ financial and business records based on the “appearance” of impropriety.
If Jane Roberts is innocent, she won’t mind doing what Democrats like “she who must not be named” did and allow every aspect of her personal and legal career to be combed through for any evidence of wrong doing.
Remember, if any of Jane Roberts’ records don’t show up, it will be characterized as a cover up by the press even if they show up later.
And if, in the process, the investigator finds something else improper, like maybe she had law firms emails on an unsecured personal server, or she didn’t pay her sitter’s or gardeners’ taxes, we will all shake our head and say “she should have known better”.
That’s exactly what happens with Democrats. Not sure why you are trying so hard to protect Jane Roberts and not all the Democrats who have experienced the same treatment.
I don’t understand why the appearance of a conflict of interest only triggers investigations in Dems and not Republicans.
Do you, jsrtheta? Or doesn’t it bother you when Dems get this treatment?
I had to read to the end to find out you are addressing me? That’s odd.
Back to the topic, I don’t favor investigations of anyone without a scintilla of evidence of wrongdoing. As a veteran of the Clinton Wars, in fact, I insist on evidence.
Given that there is zero, nada, zilch in terms of such evidence regarding Jane Roberts, I am not about to chase phantom offenses without at least reasonable suspicion to go on.
And the argument that Republicans do engage in such behavior is frankly juvenile. I’m not a Republican. I’m a grown up.
jsrtheta, I can’t understand the contradictory points you are making.
Is your contention that the entire Whitewater investigation should not have happened because there was no evidence? Is that your contention about Hunter Biden?
As Diane Ravitch points out, there is an appearance of impropriety with Jane Roberts and I note your unwillingness to say that it is typical that first year legal recruiters who used to be partners make over $1 million a year, which should trigger an investigation.
Why are you specifically concerned with Jane Roberts? If she didn’t do anything wrong, she has nothing to worry about. But if you are going to earn over $1 million a year when your spouse is chief justice, and that isn’t the average compensation for people who do what you do, then you shouldn’t be defensive that people ask questions. You don’t just get to say “trust me, I’m worth it.”
This is inane.
First, as to Whitewater, there was no evidence of wrongdoing by the Clintons. Are you suggesting that in cases where there is no evidence of wrongdoing, which Gene Lyons found by simply doing his job, then we should investigate people anyway? Here was a presidential candidate, charged with no crime, whom Jeff Gerth of the NYT decided to imply was a crook. (Read Gerth’s first Whitewater article, and see if, by the time you finish, you can articulate a single crime being alleged.) It nearly cost Clinton the presidency, yet no one could explain why it was a story in the first place.
As to Jane Roberts, do you know anything about the top D.C. law firms? Or Roberts herself? She was making an extremely good living before leaving that job, as do similarly situated attorneys. So it was hardly a shock that she did very well in legal recruiting. You make it sound like she was doing wills for the indigent and then, when her husband was named Chief Justice, PAYDAY!!! Understandably, you don’t appear to understand what the practice of law is at that level.
Or do you think that she should just have stopped working at all and sat at home and, as Hillary Clinton once joked, bake cookies? Why? She has no right to a career? She should have nothing more complicated than hosting neighborhood teas?
THE U.S. SUPREME COURT HAS NO CONSTITUTIONAL AUTHORITY TO DECIDE THE CONSTITUTIONALITY OF ANY LAW.
President and writer of our Declaration of Independence Thomas Jefferson pointed out that fact with these words: “The question whether the [Supreme Court] judges are invested with exclusive authority to decide on the constitutionality of a law…THERE IS NOT A WORD IN THE CONSTITUTION which has given that power to them.”
Not only is there nothing in Article 3 of our Constitution that gives the Court authority to rule on the constitutionality of any law, the actual minutes of the Constitutional Convention of 1787 that were accurately recorded by Founding Father James Madison, whom we honor as “The Father of the Constitution”, make it clear that when writing Article 3, the intent of and the understanding among the delegates was that “the jurisdiction given [to the Supreme Court] was constructively LIMITED TO CASES OF A JUDICIARY NATURE” and did not include authority to decide constitutionality.
Jefferson pointed out the very real danger to our democracy of allowing the Supreme Court the unconstitutional power to decide the constitutionality of laws: “Our judges are as honest as other men and not more so,” Jefferson noted. “They have with others the same passions for party, for power, and the privilege of their corps…and their power is all the more dangerous because they are in office for life and are not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots” and “Experience has already shown that the impeachment it [our Constitution] has provided is not even a scare-crow…The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.”
So, Americans can ignore the Supreme Court when it rules on the constitutionality of a law — because the Supreme Court has NO CONSTITUTIONAL AUTHORITY to make such rulings.
Since the Constitution does NOT give the Supreme Court any authority to decide on the constitutionality of laws, where did the Court seize the authority that it claims to have? Well, the Court GAVE ITSELF that alleged authority in its Marbury v. Madison ruling.
Must be nice to give yourself constitutional authority that the Constitution doesn’t give you.
And THE REASON WHY the Supreme Court has been allowed to get away with unconstitutionally making constitutional decisions is because with members of Congress don’t have to pass often unpopular laws — they can let the Supreme Court do the dirty work and then the members of Congress can say to their voters “See — it’s that terrible activist Supreme Court that has done this, not us.” In short, allowing the Supreme Court to make the hard decisions gets the cowardly Congress off the hook with voters.
Determining the constitutionality of a law IS a judicial function. The Constitution is the supreme law of the land, and claims of unconstitutional actions by the government are raised in thousands of cases every year. Are you suggesting the Court should ignore the supreme law of the land?
Hamilton had no confusion about this when he said it was judges who determine the law. Congress may pass a law, but when it’s challenged as violating the Constitution, it’s quite clearly the role of the courts to decide constitutionality. Congress can’t – they write the laws and will always claim they acted constitutionally.
As Thomas Jefferson pointed out and as the minutes of the Constitutional Convention make clear, our Founding Fathers made a distinct difference between judicial matters that involve civil and criminal statutes and matters that relate to the constitutionality of laws. The minutes and related writings by John Adams, the Father of our Constitution, make clear that the Supreme Court has no authorization to rule on the constitutionality of laws. Unfortunately, as with many other elements in our Constitution, there is no clear authority in the Constitution designated to any body to decide on constitutionality. Jefferson said that since the Constitution is a pact between We the People — all the people of the states — decisions about the constitutionality of any law should be decided by a general vote of all citizens.
Oy. First, the title “Father of the Constitution” is used in reference to James Madison, whose influence on it is massive. John Adams was not present for the Constitutional Convention, having been posted to London as Ambassador to Great Britain from 1785-88. Thomas Jefferson was in Paris during the convention and beyond.
Jefferson said many things, some of them wise and some of them rather idiotic. Genius is like that.
If not SCOTUS, who would determine whether laws passed by Congress are constitutional? Congress should determine the constitutionality of its own legislation? This is an extremely silly idea.
Fortunately, it’s a settled question. And not in Jefferson’s idiotic favor.
Either Congress steps in or the Court regulates itself (or doesn’t). End of story.
The Supreme Court is a stain on our governance, utterly devoid of legitimacy now and surely to get worse. The question is, What’s to be done? Will Democrats show they care?
How can democrats show they care?
Dems just called, to say, they love you. Dems just called to say how much they care. And Dems mean it from the bottom of their heart.
Pass Supreme Court Ethics Law(s), Expand the Court, end blue slips, end the filibuster, end Citizen’s United – and that’s just what pops up when I think about the matter for a moment or two.
Eric: it is true that FDRs threat to expand the court that was finding New Deal legislation unconstitutional produced a change in court behavior. It was known as “the switch in time that saved nine.”
FDR had a big advantage: a solid majority in both houses of Congress.
Yes, his majority made a difference, obviously. How’d he get that majority? He picked fights. Nobody bats 1000, and FDR lost some of those. But, like that guy crying at the President’s funeral train, his supporters knew he knew them because he showed up. That’s the important lesson – Show up! Fight the fights that are worth having, not just those where victory is assured. We used to have a local District Attorney who bragged about his 100% conviction rate to everyone. The defense attorneys’ nickname for him was “Santa Claus.” It was not a compliment.
It’s by no means clear that the Court was reacting to FDR’S “threat”.
Eric, here on Earth, the Dems don’t have the power to do any of that.
On a more personal level…what kind of man who has a well-paying job (to say the least) takes money from another man to send his child to school when he can easily pay for it? Does he have no pride in himself?