Clarence Thomas Recuses Himself from January 6 Matter Amid Media Scrutiny
After months of media scrutiny, Supreme Court Justice Clarence Thomas recused himself for the first time from a matter regarding the January 6, 2021 Capitol attack. The conservative justice’s decision to withdraw his voice from the court’s decision may have been an easy one due to the appeal’s lacking legal merits, an expert on the Supreme Court told Insider.
Thomas opted not to explain why he recused himself from the Monday matter, which dealt with one-time Trump attorney John Eastman’s efforts to block his former employer from handing over his emails to the now-disbanded Jan. 6 Congressional committee. Eastman, who faces criminal charges in Georgia in connection to efforts to overturn the 2020 presidential election, previously served as a law clerk for Thomas.
Thomas has previously faced calls to recuse himself from matters before the court concerning the January 6 attack and 2020 presidential election after his wife, Virginia “Ginny” Thomas, supported Trump’s efforts to overturn the election. Earlier this year, when the Supreme Court rejected Trump’s bid to keep White House documents out of the hands of the January 6 committee, Thomas chose not to recuse himself and offered the court’s lone vote in support of Trump.
The court’s decision on Monday suggests the increased scrutiny over Thomas’ ethical conduct may be having a tangible effect on his judicial career. The Supreme Court justices are expected to recuse themselves from any matters that pose a conflict of interest, but the system lacks a mechanism to hold them accountable for their decisions, according to Scott Lemieux, a professor of political science and constitutional law expert.
In the case of Eastman’s appeal, which Thomas recused himself from, the matter was effectively settled before the court even reviewed it. The Jan. 6 committee had already obtained the contested emails and published them. Eastman asked the Supreme Court to reject the lower court ruling, claiming it harmed his and Trump’s reputations. However, the court rejected the appeal without additional explanation.
Regardless of Thomas’ reasons, Lemieux commended him for recusing himself from the Eastman appeal. He emphasized the importance of maintaining the Supreme Court’s legitimacy by ensuring that justices act ethically.
