The recent attacks by left-of-center media and Senate Democrats on Supreme Court Justice Clarence Thomas have gained momentum, with Senator Sheldon Whitehouse and Rep. Hank Johnson calling for a Justice Department investigation of Justice Thomas. The allegations being thrown around imply that Justice Thomas has taken bribes from billionaire businessman Harlan Crow and filed false federal financial disclosure forms. However, Justice Thomas has been a man of integrity, and these accusations are absurd.
As a former law clerk to Supreme Court Justice Clarence Thomas, I have seen firsthand the absurdity in these allegations. Sitting Justices avoid political and media disputes, but retired Justice Stephen Breyer spoke for them all when he publicly dismissed the corruption claims. Other judges and Justices have made errors and omissions on federal financial disclosure forms.
The allegations that Justice Thomas failed to recuse himself when Crow had “business before the Supreme Court” is also false. The “business” in question was never before the court, and the petition for a writ of certiorari by a Crow-related company was rejected by all nine Justices, along with 99 percent of all other appeal requests.
The fact that these lies are being propagated by the left as a second “high-tech lynching” of the Justice, 32 years after the one he endured during his Supreme Court confirmation hearings, is troubling. We are witnessing a malicious, choreographed attempt to destroy the reputation of the first black originalist constitutionalist on the Supreme Court, the intellectual leader of the Court, and the best-known and best-loved sitting Justice.
The fact that Congress lacks constitutional power to compel Supreme Court Justices to file financial disclosure reports is also crucial. Once the Senate appoints a Justice following a presidential nomination, it only has the power to convict by trial if the House impeaches a Justice for failure of “good behavior.”
This attack on Justice Thomas is not only a second “high-tech lynching” of the Justice but also a raw power grab by those willing to destroy the integrity and independence of the last institution of the federal government. It is an attempt to kill honest debate about the real constitutional issues that face our republic.
Justice Thomas’s views on the Constitution were well-known at the time of his nomination. His rulings and opinions are consistent with the principles he held long before he met Harlan Crow. These attacks are not only malicious and baseless but also a direct threat to the integrity of the Supreme Court and the institution of the federal government.
In conclusion, every American citizen should be able to trust the last institution of federal government and to engage in honest debate about real constitutional issues, regardless of political affiliation. The false allegations being made against Justice Thomas must stop immediately, and fair and honest debate must be restored in our government and our country.
<< photo by Antoni Shkraba >>
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