As Gorsuch warns other branches to "be careful," Thomas’s ethics problems pile up
Perhaps Justice Neil Gorsuch would do better telling his colleague, Justice Clarence Thomas, to be careful — rather than lecturing the rest of us. Also: A drag ruling.
Does Justice Neil Gorsuch have any idea how many more “amendments” Justice Clarence Thomas is going to need to make to his financial disclosures before the public will actually know the extent of the gifts Thomas has received from his billionaire benefactors?
I doubt he does. I doubt, at this point, if Thomas even knows. Maybe the senior-most justice just finds out what he’s not yet disclosed when there’s a report published on a previously unreported trip and he deals with it then.
Regardless, why is Gorsuch lecturing us — and the other branches — to “be careful” about efforts to reform the court and address its ongoing ethical failings when it is the failings of the justices that have led us here?
Those in the other branches now seeking reforms have been careful — overly deferential, many would say.
The question is: Why isn’t Gorsuch giving his colleagues the same advice?
As Gorsuch went on his little book tour of talking with friendly journalists or columnists, he either ironically or cluelessly framed the matter to Fox News’s Shannon Bream as one of judicial independence.
As Fox News summed it up:
When asked by "Fox News Sunday" host Shannon Bream about Biden's suggestions for changes to the Supreme Court, Gorsuch said he did not want to get into "what is now a political issue during a presidential election year." He then continued, however, stressing the importance of an "independent judiciary," particularly for those who are unpopular.
"It's there for the moments when the spotlight's on you, when the government's coming after you. And don't you want a ferociously independent judge and a jury of your peers to make those decisions? Isn't that your right as an American?" Gorsuch said. "And so I just say, be careful."
(Gorsuch also talked to the Wall Street Journal’s Kyle Peterson and The New York Times’s David French (formerly of the National Review).)
Less than 24 hours later, Senator Ron Wyden raised a much more direct question of judicial independence, when The New York Times reported — via Wyden — that there were yet more unreported trips that Thomas took on Harlan Crow’s dime.
In a letter to Crow’s Gibson Dunn lawyer, Michael Bopp1, that was sent in the context of Wyden’s role as chair of the Finance Committee, Wyden wrote, “The possibility that Mr. Crow may have lavished secret gifts on a sitting Supreme Court justice and then impermissibly reduced his taxable income by millions of dollars with impunity requires legislative scrutiny.”
Then, regarding Thomas, Wyden wrote:
Several apparent flights and yacht trips. Still unreported.
What is going on here?
Of course, in one sense, we know: Thomas doesn’t care. He does not think these rules should apply to him and does not think he should need to explain himself — a point he’s made clear repeatedly since Pro Publica started publishing its reporting on Thomas and Crow nearly a year and a half ago.
Thomas most recently updated his past financial disclosures in June to reflect some previously unreported trips. That came after previously updating his past financial disclosures in 2023 to reflect previously unreported trips.
As Wyden wrote to Bopp on Monday, “Other government officials have been charged for making false statements on financial disclosures for less serious violations than the evidence suggests Justice Thomas committed.”
After detailing all of this — and additional questions raised about the tax questions regarding Crow’s yacht — Wyden pulled it altogether:
And yet, Gorsuch is telling us — and the other branches — to be careful.
An update on anti-drag policies
Today, I covered some news out of Utah in this note:
This doesn’t resolve the case, but it is good news for the drag group — Southern Utah Drag Stars — and keeps their lawsuit moving forward toward final resolution.
DOJ by way of Project 2025
I also talked with Andy Levy recently for The Daily Beast’s podcast, The New Abnormal, about my report on Project 2025’s plan for the Justice Department.
The episode came out over the weekend. Here’s the discussion on Spotify; here it is on Apple. Check it out!
This was corrected at 8:00 p.m. to name Michael Bopp. The report initially referred incorrectly to Jim Bopp.
You also have to wonder what Justice Gorsuch’s “or else” might be. Ignore precedence? Take away more voting rights, gay rights? Sky’s the limit?
Gorsuch's threat is essentially same as Kevin Roberts (Heritage Foundation) recent threat: "we are in the process of a second American Revolution, which will remain bloodless if the left allows it to be".
The fascists seem pretty certain they have this election won. Because they are going going to hijack the election?
Thanks to 6 corrupt SCOTUS, Biden has immunity for all official acts......he should be using that now. Better yet on November 5th.