The Judiciary Has Policed Itself for Decades. It Doesn’t Work.

Brett Murphy and Kirsten Berg, ProPublica, The Judiciary Has Policed Itself for Decades. It Doesn’t Work. The secretive Judicial Conference is tasked with self-governance. The group, led by the Supreme Court’s chief justice, has spent decades preserving perks, defending judges, and thwarting outside oversight. Wednesday, 13 December 2023: “For decades, judges have relied on a select group to make sure the judiciary adheres to the highest ethical standards: themselves. The Judicial Conference, a secretive, century-old council of federal judges led by the chief justice of the Supreme Court, oversees the ethics and financial disclosures for more than 1,700 federal judges, including the nine justices of the high court. Those financial disclosures, submitted yearly as a list of assets and gifts, are often the only window into whether judges with lifetime appointments have conflicts of interest as they rule on the country’s most consequential legal cases. The judiciary’s leaders argue that the conference has been an effective watchdog over America’s third branch of government. The conference’s authority plays an important role in judicial controversies and has been at the center of some defenses of the court following ProPublica’s reporting on possible ethical breaches. With its ‘sound structure of self-governance,’ Chief Justice John Roberts wrote in 2021, ‘the Judicial Conference has been an enduring success.’ In reality, the Judicial Conference has instead often protected, not policed, the judiciary, according to interviews and previously undisclosed internal documents. For decades, conference officials have repeatedly worked to preserve judges’ most coveted perks while thwarting congressional oversight and targeting ‘disloyal’ figures in the judiciary who argued for reforms.”

The Long Crusade of Clarence and Ginni Thomas

Danny Hakim and Jo Becker, The New York Times, The Long Crusade of Clarence and Ginni Thomas. The Supreme Court justice and his wife battled for years for a more conservative America. New reporting shows how far she was willing to go after Donald Trump’s 2020 election loss. Tuesday, 22 February 2022:  “The call to action was titled ‘Election Results and Legal Battles: What Now?’ Shared in the days after the 2020 presidential election, it urged the members of an influential if secretive right-wing group to contact legislators in three of the swing states that tipped the balance for Joe Biden — Arizona, Georgia and Pennsylvania. The aim was audacious: Keep President Donald J. Trump in power. The group, the Council for National Policy, brings together old-school Republican luminaries, Christian conservatives, Tea Party activists and MAGA operatives, with more than 400 members who include leaders of organizations like the Federalist Society, the National Rifle Association and the Family Research Council. Founded in 1981 as a counterweight to liberalism, the group was hailed by President Ronald Reagan as seeking the ‘return of righteousness, justice and truth’ to America. As Trump insisted, without evidence, that fraud had cheated him of victory, conservative groups rushed to rally behind him. The council stood out, however, not only because of its pedigree but also because one of its newest leaders was Virginia Thomas, the wife of Justice Clarence Thomas and a longtime activist in right-wing circles. She had taken on a prominent role at the council during the Trump years and by 2019 had joined the nine-member board of C.N.P. Action, an arm of the council organized as a 501(c)4 under a provision of the tax code that allows for direct political advocacy. It was C.N.P. Action that circulated the November ‘action steps’ document, the existence of which has not been previously reported. It instructed members to pressure Republican lawmakers into challenging the election results and appointing alternate slates of electors: ‘Demand that they not abandon their Constitutional responsibilities during a time such as this.’ Such a plan, if carried out successfully, would have almost certainly landed before the Supreme Court — and Ginni Thomas’s husband. In fact, Trump was already calling for that to happen. In a Dec. 2 speech at the White House, the president falsely claimed that ‘millions of votes were cast illegally in swing states alone’ and said he hoped ‘the Supreme Court of the United States will see it’ and ‘will do what’s right for our country, because our country cannot live with this kind of an election.’ The Thomases have long posed a unique quandary in Washington. Because Supreme Court justices do not want to be perceived as partisan, they tend to avoid political events and entanglements, and their spouses often keep low profiles. But the Thomases have defied such norms. Since the founding of the nation, no spouse of a sitting Supreme Court justice has been as overt a political activist as Ginni Thomas. In addition to her perch at the Council for National Policy, she founded a group called Groundswell with the support of Stephen K. Bannon, the hard-line nationalist and former Trump adviser. It holds a weekly meeting of influential conservatives, many of whom work directly on issues that have come before the court.”