Amid controversy surrounding Supreme Court Justice Clarence Thomas’s personal ties to the January 6 attack on the Capitol, new polling finds that the vast majority of likely voters support implementing a stronger code of ethics for the High Court.
When asked whether or not they agreed that Supreme Court justices should be subject to a code of ethics requiring them to recuse themselves from any case relating to personal financial or family matters, 81 percent of 1,177 respondents agreed, new polling by Data for Progress finds. Only 10 percent of respondents were opposed to the proposal, giving the supporters a 71-point margin.
Support held strong across political affiliations. Democrats were the most supportive of the code of ethics, with 84 percent in favor. An overwhelming majority of independents and Republicans also agreed with the idea, with 82 percent and 77 percent of respondents saying as such, respectively.
The polling comes as Democratic and progressive lawmakers and government watchdog groups are calling for Thomas to recuse himself from cases related to the 2020 election and Donald Trump’s coup attempt on January 6th, 2021. Last month, Rep. Alexandria Ocasio-Cortez (D-New York) called for Thomas to recuse himself from such cases and to disclose his family’s income gathered from far right organizations — or, better yet, to resign, she said.
These calls were sparked by recent revelations that Thomas’s wife, conservative activist Ginni Thomas, was deeply involved in efforts to keep Trump in the White House after the former president’s loss to Joe Biden. In leaked texts between Ginni Thomas and Trump’s chief of staff, Mark Meadows, she appeared to be using her close ties with federal officials in order to push them to overturn the election results.
Thomas’s financial ties to the right wing have also come into question. In 2011, government watchdog group Common Cause discovered that Clarence Thomas had failed to report that, over the course of 2003 to 2007, Ginni Thomas had received $680,000 from the Koch-funded Heritage Foundation. Clarence Thomas later amended his financial statements to reflect that information.
The existing code of conduct for members of the Supreme Court requires justices to recuse themselves from cases that may relate to their personal finances, but doesn’t specifically bar them from cases that they have personal ties to, outside of financial issues.
Legal ethics experts say that Thomas’s personal ties make enough of a case for him to recuse himself from all 2020 election-related cases. Voters agree with this; polling from earlier this month found that 53 percent of voters think that Thomas shouldn’t participate in cases involving his wife. The same poll, by Politico/Morning Consult, found that only 28 percent of Americans approve of Thomas.
The issue with Thomas’s participation in 2020 election-related cases is not only the rulings themselves, experts say, but also that it may shake the public’s trust in the Court overall.
The public view of the Supreme Court in general has been eroding as conservatives have manipulated the Court in their favor. A poll last year found that less than 50 percent of Americans approve of the Supreme Court’s performance, the lowest approval rating in five years.
Help us Prepare for Trump’s Day One
Trump is busy getting ready for Day One of his presidency – but so is Truthout.
Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.
Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.
As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.
And if you feel uncertain about what to do in the face of a second Trump administration, we invite you to be an indispensable part of Truthout’s preparations.
In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.
We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.
We urgently need your help to prepare. As you know, our December fundraiser is our most important of the year and will determine the scale of work we’ll be able to do in 2025. We’ve set two goals: to raise $104,000 in one-time donations and to add 1340 new monthly donors by midnight on December 31.
Today, we’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.
If you have the means to make a substantial gift, please dig deep during this critical time!
With gratitude and resolve,
Maya, Negin, Saima, and Ziggy