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There are five major problems with the latest so-called “ethics” attack on Justice Clarence Thomas, which this time is a hit piece from the leftwing ProPublica, attempting to kick Thomas off an upcoming Supreme Court case.
ProPublica has the vapors over the fact that Thomas flew on a private jet to a conference in Palm Springs in 2018 hosted by the network of Charles and David Koch, suggesting several ethics violations. ProPublica is legally wrong on every claim.
Two problems are that Supreme Court justices can speak at nonpartisan gatherings so long as there are no presentations to or from parties to a case currently pending before the Court, and the justice does not engage in fundraising.
First, Thomas did not present at the conference on any issues pending before the court, and no parties or lawyers on cases that were scheduled at the court made any presentations to him.
Second, although fundraising certainly takes place at such gatherings, so long as the justice does not ask for money, the fact that private citizens do so is not an ethics concern for a justice in attendance.
On various occasions when liberal justices like Elena Kagan and Sonia Sotomayor have spoken at events, fundraising people huddle about how to promote the justice’s name to raise more money off the event. But Kagan and Sotomayor violate no ethics rules when this happens, because they are not the ones engaged in fundraising.
Third, it is utterly irrelevant that the Koch Network supports filing briefs in a case currently before the court that would change the scope of the federal government’s regulatory law.
