Justice Clarence Thomas’ participation in the Supreme Court decision that restored Donald Trump to 2024 presidential primary ballots is considered “stunning,” according to Joyce Vance, a former U.S. attorney in Alabama who was nominated by then-President Barack Obama. Thomas participated in the case despite calls to recuse himself due to his wife’s support of Trump’s effort to undo his 2020 loss to Democrat Joe Biden in the 2020 election, which culminated in the Capitol riot. Virginia “Ginni” Thomas also attended the rally before Trump supporters stormed the Capitol.
The Supreme Court unanimously overturned a decision by the Colorado Supreme Court to kick the former president off the state’s Republican primary ballot under a post-Civil War constitutional provision. The decision ended efforts in Colorado, Maine, Illinois, and elsewhere to kick Trump, the frontrunner for the Republican presidential nomination, off the ballot over his efforts to overturn his 2020 loss.
Vance, a frequent Trump critic, said Thomas is technically a free agent when it comes to applying the ethics rules to himself, but it’s stunning that neither the Chief nor any of the other Justices have found a way to apply pressure to him. Congress should complete its work on mandatory ethics rules for the Supreme Court, as they’ve proven that self-governance doesn’t work where the highest court in the land is concerned.
Colorado Secretary of State Jena Griswold also pointed to Ginni Thomas’ role while expressing disappointment in the court’s decision. However, some attorneys argue that there is no need for Thomas to recuse himself from Trump-related cases because of his wife’s activities.