Supreme Court

Justices Skeptical That Health Care Mandate Is A 'Tax'

Sahil Kapur | March 26, 2012, 12:49PM

The Supreme Court kicked off oral arguments over President Obama's health care law Monday by dedicating 90 minutes to the one issue on which the White House and the Republican challengers agree: The justices should hand down a speedy ruling on the constitutionality of the law this summer, rather than punt it to 2015 or beyond.

Lawyers for the Obama Justice Department and for the 26 Republican-led states challenging the law agreed that an old statute called the Anti-Injunction Act -- which forbids people from challenging taxes in court unless they've already been assessed by the government -- does not apply in this case. The Supreme Court enlisted outside counsel to make the opposite case.

The justices appeared broadly skeptical that the law's fine imposed on Americans who fail to carry health insurance qualifies as a "tax."

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Supreme Court

Benefactor's Activities Raise New Ethical Concerns About Justice Thomas

Aaron Wiener | June 19, 2011, 11:54AM

Some degree of conflict of interest is inherent in any judge's professional life -- Justice Sonia Sotomayor, for instance, saw it necessary to recuse herself from at least 141 cases before she joined the Supreme Court -- but when it comes to ethical complications on the nation's highest court, Clarence Thomas takes the cake. Of particular concern is Thomas' wife, Virginia, who founded a Tea Party-affiliated group called Liberty Central that opposes various progressive causes, including health care reform -- an issue that's almost certain to come before her husband's court.

But an increasing number of revelations about Clarence Thomas' own activities are raising questions about his impartiality. The New York Times reports that the real estate magnate Harlan Crow -- a good friend of Thomas and a benefactor of his wife, to whom he gave $500,000 to help start Liberty Central -- is now financing a multimillion-dollar restoration of an old Georgia cannery where Thomas' mother once worked, at the justice's behest.

These activities do not appear to be illegal, since Supreme Court justices are not required to abide by the ethics code that binds federal judges. Still, other justices have said they adhere to it, and Thomas' apparent disregard of it is raising red flags.

The Times reports:

The code says judges "should not personally participate" in raising money for charitable endeavors, out of concern that donors might feel pressured to give or entitled to favorable treatment from the judge. In addition, judges are not even supposed to know who donates to projects honoring them.

While the nonprofit Pin Point museum is not intended to honor Justice Thomas, people involved in the project said his role in the community's history would inevitably be part of it, and he participated in a documentary film that is to accompany the exhibits.

Deborah L. Rhode, a Stanford University law professor who has called for stricter ethics rules for Supreme Court justices, said Justice Thomas "should not be directly involved in fund-raising activities, no matter how worthy they are or whether he's being centrally honored by the museum."

In another potential conflict of interest, Thomas and Justice Antonin Scalia attended a political retreat run by the Koch brothers; their subsequent ruling in the Citizens United campaign finance case greatly benefited the Koch brothers' political activities. The advocacy group Common Cause has asked the Justice Department to open an investigation into the propriety of the justices' participation in the case.

Health Care

Weiner Says SCOTUS Will Rule Against Health Care Law, Paving Way For Public Option

Brian Beutler | March 23, 2011, 12:41PM

Rep. Anthony Weiner (D-NY)

This is more in the spirit of partypooping than of celebration. But on the first anniversary of the Affordable Care Act, one of the law's most dogged defenders, Rep. Anthony Weiner (D-NY), admitted he thinks the Supreme Court will strike down the individual mandate. It's not that he thinks the mandate is unconstitutional, but that the court has become so partisan, that its conservative justices will rule against President Obama in a 5-4 decision. He wasn't glum about it, though -- if the mandate goes he said it will pave the way for Congress to pass the public option.

"If lightning strikes, and it turns out that as many of us believe, the Supreme Court turns out to be a third political branch of government and they strike down the mandate -- big deal," Weiner said, expressing a 'so what?!' sentiment. "Big deal!"

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Ginni Thomas

The Daily Caller Hires Tea Partying Wife Of Supreme Court Justice As 'Special Correspondent'

Brian Beutler | March 22, 2011, 10:19AM

Virginia Thomas, wife of Supreme Court Justice Clarence Thomas

Ginni Thomas, the tea party leader, health care reform foe, and controversial wife of Supreme Court Justice Clarence Thomas, will join The Daily Caller as a reporter.

From Business Wire: "As The Daily Caller's special correspondent, Thomas will interview key political and community leaders -- from high-profile politicians to grassroots activists -- with a focus on listening to those outside the Beltway."

Thomas is no stranger to the spotlight. She worked in 2010 to defeat Democrats, and her role as a de facto tea party, anti-health care reform lobbyist have led critics to demand that her husband recuse himself when the health care law appears before the Supreme Court.

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112th Congress

Reps. Weiner and Murphy: Force Politicized Supremes to Recuse Themselves

Benjy Sarlin | March 1, 2011, 5:28PM

Supreme Court Justice Clarence Thomas

Taking up progressive complaints that the Supreme Court has become dangerously politicized, Reps. Anthony Weiner (D-NY) and Chris Murphy (D-CT) are introducing legislation that could require justices to recuse themselves in certain cases.

"The problem is the only person who can decide whether Justice Thomas can recuse himself is Justice Thomas," Murphy told reporters at a press conference outside the Capitol. "That's wrong and that needs to change."

The bill would allow the Judicial Conference, which determines standards of recusal for federal judges, to examine Supreme Court members as well and create guidelines for determining a conflict of interest. They could even force members to step down from certain cases if they determined a procedure for such a move. The bill would also require members to offer an explanation if they decide to recuse themselves voluntarily as to why they declined to judge a case.

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Ginni Thomas

So What's Ginni Thomas Up To Now?

Eric Lach | February 7, 2011, 3:45PM

Supreme Court Justice Clarence Thomas and Virginia Thomas

Last week came news from Politico that Virginia "Ginni" Thomas, wife of Supreme Court Justice Clarence Thomas, has set up a new shop, Liberty Consulting, just a few months after leaving Liberty Central, the Tea Party group she founded in 2009.

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Ginni Thomas

Virginia Thomas: Supreme Court Justice's Wife -- And 'Ambassador' To GOP Freshmen?

Eric Kleefeld | February 4, 2011, 11:54AM

Supreme Court Justice Clarence Thomas and Virginia Thomas

Virginia Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, has emerged in yet another role -- as a "self-appointed ambassador" to the GOP freshman class. However, nobody has yet confirmed her claims of these extensive ambassadorial duties.

When we last heard from Ginni Thomas this past October, she had left a voicemail with Anita Hill -- the woman who accused Clarence of Thomas of sexual harassment during his Supreme Court confirmation hearings way back in 1991 -- asking for an apology. (Ginni Thomas later said the call was "probably a mistake.") Now, as Politico reports, Ginni Thomas has gone to great lengths to promote her expertise and influence at her new firm, Liberty Consulting:

Thomas already has met with nearly half of the 99 GOP freshmen in the House and Senate, according to an e-mail she sent last week to congressional chiefs of staff, in which she branded herself "a self-appointed, ambassador to the freshmen class and an ambassador to the tea party movement."

An interesting thing, though -- Politico had a hard time finding a freshman who has actually met with Ginni Thomas. "This is the spouse of Justice Thomas?" said a seemingly surprised Rep. David Schweikert (R-AZ). "No, I've never met her. It's not something I've heard about. And I hang out with a lot of freshman," he said.

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State Of The Union

Which Supreme Court Justices Are Skipping The SOTU?

Eric Kleefeld | January 25, 2011, 12:19PM

Supreme Court Justices Samuel Alito, Clarence Thomas, Antonin Scalia

The Supreme Court appears to be dividing 6-3 -- on whether the nine individual Justices are attending tonight's State of the Union address.

As you might recall, last year Justice Samuel Alito got into some controversy when he reflexively mouthed out the words "not true" in response to Obama's criticism of the Citizens United ruling, which overturned a variety of limits on corporate spending in political campaigns.

Several weeks later, Chief Justice John Roberts said he was "very troubled" by the whole environment of the State of the Union: "To the extent the State of the Union has degenerated into a political pep rally, I'm not sure why we are there."

And as it turns out, some of the conservatives justices won't be there this time, either -- a new practice for Alito himself, and a long-standing one for others. But interestingly enough, Roberts is still going.

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