74 Democrats ask Clarence Thomas to recuse himself from the healthcare reform appeal
74 Democrats have sent a letter to Supreme Court Justice Clarence Thomas asking him to recuse himself from the healthcare reform appeal if and when this case makes its way to the Supreme Court. My first visceral reaction to this news was that this was nothing but a ploy by Democrats who know in their hearts that the healthcare reform law is in real trouble to ensure the overturning of the recent Florida decision which ruled that the healthcare reform law was unconstitutional.
And I still feel that Democrats fear that the healthcare reform law is unconstitutional but they may have a point about Clarence Thomas and a potential conflict of interest in this case. Clarence Thomas’s wife–Virginia–started a lobbying group that opposes the healthcare reform law and there is the possibility that this group could profit from a Supreme Court ruling that deems this law unconstitutional. However, Virginia Thomas has stepped down from this organization and is no longer involved with the group, so would this conflict of interest still exist, or is this a political ploy? Personally I do not think the conflict still exists (and there is no recent history of a Supreme Court justice recusing himself because of a spouse’s possible conflict of interest) but this is a question that only Clarence Thomas can answer and if he ends up recusing himself from the healthcare reform debate what exactly will the effect be on this ruling?
In the event of a tie in the Supreme Court the lower court’s ruling is upheld so all will depend on what happens with any appeals to the Florida ruling between now and when the case is heard by the Supreme Court. As of right now a 4-4 split would uphold the Florida court ruling but there is no guarantee that the Florida ruling won’t be overturned by an appeals court before the case is heard by the Supreme Court. The potential recusal of Clarence Thomas certainly throws a monkey wrench into this case and makes it much more uncertain that the healthcare reform law will ultimately be ruled unconstitutional.
While I honestly believe that the healthcare reform law is unconstitutional, I also firmly believe that ANY justice with a conflict of interest should not be allowed to rule in this–or any other–case. Which brings us to another possible conflict of interest on the Supreme Court–Elena Kagan.
To counter the call for Clarence Thomas’s potential conflict of interest, Republicans are calling for Justice Elena Kagan to also recuse herself from the case–siting a possible conflict of interest from her days in the Obama regime prior to her appointment to the Supreme Court. There is the high likelihood that Elena Kagan may have advised the Obama regime on healthcare reform as a member of his regime and if this is the case she also may have a conflict of interest.
The healthcare reform law appeal has certainly taken a turn that I did not expect and this is going to be very interesting to watch as this case makes its way to the Supreme Court. Both sides are now trying to make political points and position themselves in the event that the Supreme Court does not rule in their favor, but the one thing we must remember is that the Supreme Court is supposed to be apolitical and is supposed to rule only on whether or not a specific law is constitutional. This story has just become infinitely more interesting than it already was.
America's Watchtower 
Thanks for this post, SD. I enjoy your objective view of the discussion. Good stuff!
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Thank you, it isn’t often I get called objective! 🙂
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Right On Brother………….right on.
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Thank you!
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This is a pre-emptive strike, for all of the reasons that you cited, but also a distraction from the fact that Justice Kagan actually represented the administrations interests in ObamaCare. She actually worked to get the thing passed. So, they go after Thomas to take the spotlight off of Kagan.
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That is exactly what much of this has to do with. It would seem to me that there is much more of a reason for Kagan to recuse herself from this case and she has recused herself from several already, but perhaps she feels this case is too important for her to recuse herself, so the Democrats are looking to take the attention off her.
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Well then to be fair why haven’t they asked Sotomayor to do the same?
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Who said Democrats are interested in being fair. 🙂
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This is always true!
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Amen!
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In theory, Thomas should recuse himself if there’s a conflict of interest. The Obama regime hasn’t indicated that they’re willing to play by the rules though. Hard to beat someone who is cheating. If the pitcher is throwing spitballs, you should be able to use a corked bat.
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Very true, although I am not sure there is a conflict of interest with Thomas anymore. I think he will stay on the case, but you just never know.
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The only “conflict” that is being proposed concerns his wife. As I recall, women have moved passed being home makers and child raisers. This purports to be the Progressives mainstay of Women’s Liberation. I assume that the wife is permitted to hold her own views of the world and do not necessarily represent the husband’s views.
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Bunkerville – It’s not about her views. It is the for-profit group against health care reform that she started which financially benefits her, and in turn her husband.
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Benefited–she no longer is in that position.
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