In a bold move on Wednesday, Congresswoman Alexandria Ocasio-Cortez introduced articles of impeachment against conservative Supreme Court Justices Clarence Thomas and Samuel Alito. She cited their “pattern of refusal to recuse from consequential matters before the court” as the primary reason for this action.
Unlikely to Succeed in the Republican-Controlled House
The articles of impeachment face slim chances of advancing in the US House, which is currently under Republican control. This initiative comes on the heels of calls from Senators Sheldon Whitehouse and Ron Wyden for the US Attorney General to appoint a special counsel to investigate potential criminal violations of federal ethics and tax laws by Justice Thomas.
Ocasio-Cortez’s Statement on the Crisis
“Justice Thomas and Alito’s repeated failure over decades to disclose that they received millions of dollars in gifts from individuals with business before the court is explicitly against the law. Their refusal to recuse from specific cases where their benefactors and spouses are implicated represents a constitutional crisis,” stated Ocasio-Cortez, a Democrat from New York. The impeachment articles have garnered support from seven other Democratic members of the House.
ProPublica’s Revelations
An investigative report by ProPublica revealed that Justice Thomas did not disclose several luxury vacation trips funded by Harlan Crow, a conservative donor. Furthermore, Thomas has been urged to recuse himself from cases related to the January 6 Capitol attack and Donald Trump due to his wife Ginni’s involvement with groups linked to the insurrection.
Specifics of the Impeachment Articles
The impeachment resolution against Thomas includes three articles: the first addresses his failure to disclose gifts from Crow, while the other two concern his refusal to recuse himself from cases connected to his wife.
Justice Alito also faces scrutiny for taking a vacation and flying on a private jet chartered by Peter Singer, a Republican billionaire. Alito did not recuse himself from cases involving the Capitol attack despite reports that his wife, Martha-Ann, displayed an upside-down American flag associated with the insurrection at their Virginia home. Additionally, the Alitos flew a flag linked to Christian nationalism at their New Jersey beach home. Ocasio-Cortez filed two articles of impeachment against Alito, focusing on his non-disclosure of luxury travel and refusal to recuse himself from the January 6 cases.
Recent Judicial Decisions
Earlier this month, Thomas and Alito were part of a majority opinion stating that former presidents have immunity from prosecution for official acts, a significant victory for Trump. They also supported a decision that narrowed the grounds for criminal prosecution of January 6 participants.
Supreme Court’s Code of Conduct
Unlike other judges, Supreme Court justices have broad discretion over recusal decisions. In response to pressure following ProPublica’s report, the court’s nine justices formalized a code of conduct last November. While seen as a positive step, many view the code as insufficient.