CLEVELAND, Ohio — Supreme Court Justice Clarence Thomas further damaged his reputation and that of the courts when he issued a temporary injunction to block a subpoena for Senator Lindsey Graham to appear before a Georgia Grand Jury for allegations for meddling in Georgia’s 2020 presidential election counted by Donald Trump and his supporters, including Graham.
Currently free from subpoena obligations, Graham has been released this week to campaign with Senate candidate JD Vance in Ohio.
Then don’t be surprised if Thomas also issues an “Administrative Stay” blocking the lobbying efforts of Representative Marjorie Taylor Greene to be elected as Trump’s running mate in 2020 in lieu of Thomas’ wife, fellow election denier Ginni Thomas, instead of himself, as the esteemed Harvard Law Professor Laurence Tribe said he should have, in a series of tweets.
“Justice Thomas has violated 28 USC 455, requiring any “justice” to withdraw when his or her “impartiality can be reasonably questioned” or his or her “spouse is known to the court with an interest that is materially in doubt.” can be influenced by the outcome. ”
“Even if Judge Thomas stood up for his wife’s independence in a bizarre display of false chivalry, that would not in the least justify his blatant violation of federal law, 28 USC455, or his defiant indifference to the reputation of the Hof and his ability to earn respect. .”
“Justice Thomas gives the finger to the Court he sits in, the Chief Justice and Associate Justices with whom he serves, the Constitution he interprets, and the nation that pays his salary.”
As a Supreme Court judge, which oversees the 11th District Court of Appeals, which rejected Graham’s attempt to crush the subpoena, Judge Thomas had the authority to grant the initial reprieve himself. He can also make a final ruling himself, or more likely, let the full court make the ruling, which would have happened if he had followed federal law and pulled himself out.
It could be argued that both Judges Kavanaugh and Gorsuch should also abstain from ruling on the subpoena. Senator Graham’s attorney is now Don McGahn. The same McGahn who had served as Trump’s White House attorney and was instrumental in Gorsuch and Kavanaugh’s nomination to the U.S. Supreme Court at the time.
Although court challenges are rare, they are not unprecedented. The court’s newest judge, Ketanji Brown Jackson, had announced in her confirmation hearing that she would withdraw from the Harvard Affirmative Action case before the court. Justice Jackson was a member of Harvard’s Board of Overseers.
Graham campaigns for Vance in Ohio
sen. Graham, who is not required to appear before a Georgia grand jury, has given him time to appear with JD Vance on his Ohio campaign trail for the U.S. Senate seat vacated by outgoing Senator Rob Portman.
The two most recent polls now find Vance in a literal, not virtual tie with Rep. Tim Ryan. In one poll they are at 46%, the other at 45%. They had long been virtually tied, one a few points higher than the other, but within the margin of error that made it a virtual tie.
The question is how much Graham Vance helps or hurts independent and undecided voters who are likely to turn the race.