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It is Time For Congress to Impeach Clarence Thomas and Antonin Scalia
Article Two of the United States Constitution says that Supreme Court justices, once appointed by the President and confirmed by “advice and consent” of the Senate, shall serve for life as long as they serve “during good behavior.” A justice’s tenure can be abbreviated by resignation, retirement, or death, and most Justices either retire or die during their service on the nation’s highest court. There is however, a provision in the Constitution for a Supreme Court justice who does not serve “during good behavior” that involves indicting and trying the offender. It is time for Congress to act and proceed with impeachment proceedings against Clarence Thomas and Antonin Scalia for serving “during criminal behavior” and for subverting the Constitution.
Both Thomas and Scalia have stepped over the demarcation line between judicial malfeasance and blind justice when hearing cases before the high court. The likelihood of either man being impeached by the Republican controlled House is slim, but in the interest of salvaging the Court’s reputation and demonstrating to the American people that no public servant is above the law, Republicans should set aside their Conservative bent and protect the integrity of the Court and the Constitution.
Republicans though, are not big on integrity or the Constitution as the nation has observed for the past two years. The House Tea Party caucus is certainly not going to be involved in any impeachment proceedings because Justice Antonin Scalia has conducted closed-door meetings to discuss the constitutionality of legislative action before Congress. There are myriad problems associated with a Supreme Court Justice discussing the constitutionality of upcoming legislation, especially when the justice’s political inclination is the same as the Representatives he is instructing. It is also questionable that the justice would give advice and recommendations for a vote on a measure that could eventually wind up being heard before the court. Even if there were no questions of ethical malpractice, the fact that Scalia is meeting in secret with Tea Party members brings into question the nature of the meetings and whether or not Scalia gave directions on how the representatives should cast their votes.
Justice Clarence Thomas joined Scalia when the men attended secret meetings with conservative business leaders at an event sponsored and hosted by the Koch Brothers who fund the Tea Party as well as a variety of conservative think tanks and PACs. The secret meetings were for the purpose of plotting political strategy, and both justices subsequently voted to give corporations the same free speech rights as an individual in the Citizen’s United case that allows unrestricted donations to political campaigns; including donations from foreign sources.
The Citizen’s United decision was an outrage in itself, but a new revelation that Citizen’s United paid $100,000 for an ad supporting Thomas’s nomination to the Supreme Court in 1991 by then President George H.W. Bush pushes the limit of judicial malfeasance. It is not the fact that an individual or corporation paid to promote Thomas’ nomination to the high court, but that he ruled in favor of Citizen’s United. If Thomas had any integrity to the court or to the Constitution he would have recused himself from hearing the case. The $100,000 spent on the ad amounts to in-kind contribution and it should have been reported. Thomas has a history of not reporting, not remembering, or not knowing about incidents involving income reporting on Federal Income Tax forms and his wife’s work with the Heritage Foundation and a Tea Party lobbying organization.
All federal judges are required to file annual financial disclosure forms, but Thomas failed to report the information and he blamed 13 years of omissions on a misunderstanding. This week Thomas released corrected financial disclosure forms showing his wife’s past employment. The newly released forms did not disclose the amount of money Thomas’ wife earned, but the records confirm that Mrs. Thomas worked for the Heritage Foundation, The Republican leadership in the House, and a college in Michigan. Ginny Thomas recently stepped down from leadership of Liberty Central, a conservative group promoting conservative and Tea Party causes like repealing the Affordable Health Care Act. Records from the IRS show that Mrs. Thomas earned nearly $700,000 between 2003 and 2007 when she worked for the Heritage Foundation.
Besides the revelation that Thomas benefitted from Citizen’s United, in 2008, Thomas gave a speech at a conservative seminar sponsored in part by GOP fundraisers. Like the Citizen’s United case, Koch brother’s secret policy event, and his wife’s tea party lobbying group, there is the appearance of a conflict of interest that seems to follow Thomas. It is more likely that the appearances of conflict of interest are judicial decisions for cash. There is no impropriety in Thomas’ wife working for lobbyists or think tanks, but there is wrongdoing on his part for not disclosing the information.
Although Scalia has not omitted information regarding finances, he has shown bad behavior and malfeasance for sitting in on policy planning meetings by conservatives. He also meets secretly with conservative lawmakers to give Constitutional advice on bills before the House. Thomas has not met secretly with legislators, but he did join Scalia at the Koch Industries secret policy meeting and both justices voted to extend free speech rights to corporations. Both justices should have recused themselves for the Citizen’s United decision. Thomas directly benefitted from in-kind payment for his favorable decision in the case that allows foreign entities to contribute unlimited funds to political campaigns.
It is time for Democrats and Republicans to bring impartiality to the Supreme Court by impeaching Thomas and Scalia so they can stand trial in the Senate. The Citizen’s United case should be set aside so the principles can litigate the case again with an impartial court. The American people expect the highest court in the land to be above reproach, but with crooked justices like Scalia and Thomas sitting in judgment of cases they have already decided or directly influenced, the court has become polluted. The two justices are expected to render fair decisions and protect the Constitution as members of the judiciary branch, but in light of their history of malfeasance, they have failed miserably. If the justices were liberal judges, the Republican majority would impeach them with extreme prejudice, but since the justices are conservatives, they get a pass from equally crooked Republicans. Crooked judges are inherently un-American, but then again, anything to do with conservatives is inherently un-American.
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16 Responses to It is Time For Congress to Impeach Clarence Thomas and Antonin Scalia
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Hrafnkell Haraldsson
Feb. 17th, 2011 at 10:37 am
This is so wrong. Thank you for speaking out on this Rmuse. It’s important that people realize what has happened to our Supreme Court. I have watched all this unfold with growing horror. I absolutely agree with everything you say here and it is time for these two to go. As you say, “Crooked judges are inherently un-American, but then again, anything to do with conservatives is inherently un-American.” I would like to add that conservatives apparently feel ethics are un-American.
Rmuse
Feb. 17th, 2011 at 11:38 am
LOL! I agree. Conservatives avoid ethics like plague, so it does make sense they support crooked judges as long as they’re conservative crooked judges. It just isn’t looking promising for the country. We should probably brace for the next outrage.
AFM
Feb. 18th, 2011 at 1:45 pm
Am still pissed that the election in 2000 was given to Bush by the supreme court. Now we are living with the cramp he left Obama. I hope Bush rots in hell where he along with Cheney deserve to be for lying to the country about the Iraq war and killing our soldiers and innocent civilians. This will be a cancer on america’s history.
Maxine
Feb. 17th, 2011 at 10:40 am
Like all tyrannies, the corporate America has overshot themselves. Instead theyve created Frankenstein’s monster. And we all know how well that worked out.
As I said when Congress opened, be careful what you ask for. Tea Party is going to make the Speaker’s life a living hell.
Sarah Jones
Feb. 17th, 2011 at 11:58 am
Well said. I support this 100% and I hope a growing echo of this sentiment spreads the land. I was really encouraged by the unions in Wisconsin standing united together against their Republican governor — now the rest of us need to get on board, stand tall, stand proud for American values and refuse to be silenced.
Shiva (Moderator)
Feb. 17th, 2011 at 12:17 pm
the Supreme Court, an entity that you would think would uphold some ethical practices because of its size, has been compromised.
We will remember that during the Kennedy administration a person in the court system was fired for simply giving Kennedy advice on how to handle the racial integration problems. I do not understand why these people are not impeached for the Koch brothers relationships alone. The citizens United is absolutely insane and quite frankly anyone who voted for it should be looked at very seriously.
Reynardine
Feb. 17th, 2011 at 12:31 pm
Don’t stand on one leg waiting for the Dissocialists to impeach these men for being unethical. Whatever favors the Dissocialists is, by their definition, ethical. Whatever favors their side is fair. Whatever favors their side is constitutional. Anything that gets in their way is (by their definition) unfair, unethical, and unconstitutional – oh, and “job-killing”. They, of course, can be as job-killing as they please – and they do please: God forbid that funds or employment come in that might enable “the little people” to get big enough to fight back! The only method is publicity and more publicity, so that we can loosen their stranglehold on the legislative branch. Then, we might be able to do something about the judiciary.
gsb
Feb. 17th, 2011 at 1:04 pm
Judges like these two should be impeached, but they won’t be. Judges like these two are a danger to all Americans and they make a mockery of any who died serving this country. Somthing neither has done,Serving on the Supreme court would one way they could serve, but again neither has done so ,with great respect or honor for the court.. Republicans will most likely re-write history and turn them into heros.
neil
Feb. 17th, 2011 at 2:10 pm
Ya gotta wonder about any organization that would pay Ginny Thomas 700k.For what her husbands name?The woman is a dipshit and anyone that doesn’t see that is blind.I wouldn’t pay her to walk my dog.Also crooked judges are very much part of America,they’ve been around forever.That doesn’t mean we have to tolerate them only that corruption is a part of our way of life.Nothing will happen to either one of these crooks though.There is noone with the will to do the right thing and that is sad.
centerist cynic
Feb. 17th, 2011 at 4:24 pm
Well said sadly I’m not holding out much hope for this.
Bob
Feb. 17th, 2011 at 8:18 pm
This is one of the real dangers in electing a Republican or conservative to the Presidency. Reagan and the two Bushes are long gone. Their judicial appointments can, however, wreak havoc for decades.
Good luck with the impeachment, however, we can only hope that the Democrats take back the House and keep the Senate in 2012. Then, maybe, impeachment could occur.
Kevin Zeese
Feb. 18th, 2011 at 7:29 am
If you want to join efforts to have Thomas removed visit, www.protectourelections.o.... We have a letter you can send to Congress.
We are also pursuing disbarment of Thomas for his unethical behavior by filing a bar complaint against him in Missouri where he has his legal license. One point I would add to the article above — during Thomas’ nomination battle a group known as Citizens United spent $100,000 on an advertising campaign to help get him nominated. They attacked senators who opposed him. Thomas did not disclose this when Citizens United came before the court in what has now become a notorious decision. Last year the Supreme Court ruled in a very similar case from West Virginia, where Massey Energy spent a lot of money to get a judge on their supreme court and then the court, with that new judge, ruled in favor of Massey in an important case. The U.S. Supreme Court reversed and said the judge should have recused himself. Thomas should have done the same.
By the way, re the comment above, the group that paid Virginia Thomas so well was the Heritage Foundation. How many issues that Heritage works on have come before the court over the years? Again, the appearance of a conflict of interest is evident.
Thomas is a repeat ethics violator who should no longer be on the court.
Kevin Zeese
Executive Director
www.ProsperityAgenda.US
rod
Feb. 18th, 2011 at 3:58 pm
The Supreme Court has become a bad joke….all of this BS that is going on should be front page news and the lead story on every news show. WTF……has this nation become? This is horrible when the name Supreme Court Justice means unethical crook and there is no justice in them. Thomas and Scalia are a disgrace and should be called out as such.
Jerry de Laval
Mar. 4th, 2011 at 4:35 pm
Thomas and Scalia are a disgrace to the noble office of the Supreme Court. This is one the highest offices in our government, and these men are supposed to be the Final GUARDIANS of Justice, Truth and The Rule of Law in our great Nation. That someone at this level could possibly compromise their office for personal gain is contemptible beyond description. These men have done great damage to our nation, and soiled the reputation of The Supreme Court. They deserve to be impeached and prosecuted .
adam
Mar. 25th, 2011 at 5:59 pm
You libs are as crazy as the come. look at the judicial malfeasance in wisconsin with the stoppage of the republican passed law during special session and then try to “call the kettle black.” the dane county circuit court judge’s son was an AFL-cio leader in the state and has worked on other labor union related jobs. why did she not recuse herself?- 90 on the judges in Dane county are liberal. It is because she wanted to push her agenda. I LOVE thomas and scalia.
Shiva (Moderator)
Mar. 25th, 2011 at 6:06 pm
of course you love Thomas and Scalia. But there is no judicial malfeasance in determining whether or not the passed law is legal. That is a common situation and that’s why the court is there.
But what’s funny about this? You complain about the Dane County circuit court judge’s son being a union leader, and then you turn around and tell us that you love to conservative supreme court judges who have been found consorting with the Koch brothers. I wonder if you would be complaining if someone had brought suit against the law that was passed and it was a Republican court? You do understand that others have the right to request of the lobby determined to be illegal or not? Or do you just love Scalia and Thomas?
did you complain when the judge down south determined that British Petroleum was not responsible for something and it was found that he had ties to the oil companies and owned oil company stock? No