Another attempt by the left to defame Judge Thomas fails

Supreme Court Justice Clarence Thomas poses for the official photo at the Supreme Court on October 7, 2022. (Photo: Olivier Douliery/AFP/Getty Images)

The American people simply will not govern themselves the way the left wants them to.

Concerning more about power than freedom, the left believes that its political ends justify its means. Just think of how leftists attempt to manipulate the Supreme Court, including labeling them as “unethical” judges whom the left considers too independent, hoping that Americans will automatically question everything they say. ‘they do.

The latest attack on Justice Clarence Thomas shows they’re still at it, but the spaghetti doesn’t stick to the wall because it’s fiction.

The left initially suggested that the Supreme Court was not following any ethical standards or guidelines. However, the same federal laws governing recusal and financial disclosure have long applied to judges as well as lower court judges.

Then the left declared that the Supreme Court did not have an “enforceable” code of conduct. Well, the code for lower court judges only provides “guidance” and the Supreme Court has followed that code for decades. Last fall, the high court essentially copied and pasted that code and put its own name on it. The left doesn’t seem to realize this.

Then the left started throwing innuendos and rumors about things like the flag being flown in a judge’s house or vacations taken with friends.

Now along comes one of these left-wing groups, calling themselves Fix the Court, with another spin. The judges recently filed their financial disclosure reports for 2023. These cover activities such as board membership, investments, gifts and debts. Fix, the court says Thomas failed to disclose most of the gifts he received that they say totaled about $2.4 million over the past 20 years.

As Paul Harvey would have said, here’s the rest of the story. First, the group claims to have “identified” the gifts judges are supposed to receive from newspaper articles and its “own research,” whatever that means. Second, Fix the Court used its own definition of “gift,” without, uh, disclosing that that’s not the definition of “gift” that judges are required to use when filing their annual financial reports.

Instead, judges follow the Judicial Policy Guide, published by the Administrative Office of the American Courts. The guide in effect when Thomas joined the Supreme Court asked the justices to “exclude gifts received as an individual’s personal hospitality.” The 2012 revision stated that “a ‘gift’…does not include…social hospitality based on personal relationships.” » And the current rule, revised in March 2023, provides that any food, accommodation or entertainment received as “personal hospitality of an individual” does not need to be declared.

Third, Fix’s description of how she arrived at the gift total is filled with words like “estimated” and “probable” as well as “we believe” and “in all likelihood” which, supplemented by catch-alls like as “most likely an undercount” and the category “‘probable’ additional gifts”. As they say, numbers lie and numbers lie. Not only are Fix the Court’s numbers literally their own invention, but this liberal “and we hear that’s just the tip of the iceberg” ambiguity equates their claims with double hearsay.

Fourth, the group allocated the amount it wanted to these “gifts” which Thomas was not required to disclose. How could they know, for example, the value of the private meals the Thomases had with their friends while on vacation? It is impossible to imagine.

Fix the Court says Thomas is unethical because he failed to disclose what the group defines as gifts, with the value the group claims, regardless of what rules federal judges actually have to follow . These are just some of the misdirections and sleights deployed by Fix the Court to arrive at numbers they can then use to suggest that justices like Thomas, who interpret the Constitution as it it is written rather than inventing one to adapt it to policies. The programs of this left-wing group and their fellow travelers are simply bad.

After all, that is the purpose of this Supreme Court manipulation campaign. The left wants a Supreme Court that is a flexible and reliable political partner. To achieve this, groups like Fix the Court are demanding adding unnecessary seats to the Court, limiting the judges’ terms, attempting to force some judges out of certain cases, and smearing the justices with fictional stories that they know most Americans won’t be able to verify. .

Undermining the independence of the judiciary is one of King George’s “usurpations” that led to American independence in 1776. It is what sets our justice system apart from most others in the world. It is a fundamental principle that we must defend, not an obstacle to be removed.