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Seth Abramson on the coming constitutional crisis

Gateman_Wen said:
If he would just do it.

I doubt he will. Impeachment is in the air yet again.
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You probably shouldn't trust my reading of personalities (since I'm a bit crazy myself) but I would characterize Thomas as "dignified."

Thomas wasn't the first African American to sit on the Court (that was Thurgood Marshall) but he's been the only one for the better part of thirty years. His judicial philosophy seems to be "better to remain silent and have others think you a fool, than to open you mouth and remove any doubt". The man takes himself seriously, he has dignity if not gravitas, and I seriously believe that if Biden and Roberts politely suggested it's time to go, he might just do it.

However remote the chance of him actually being removed by impeachment are (and they are remote) the shame of it would weigh heavily on Thomas. Even if not removed, he would be only the second SCOTUS Justice impeached (after Samuel Chase.) It would be an horrendous end to his career.
 
Spirit of The Millennium said:
You probably shouldn't trust my reading of personalities (since I'm a bit crazy myself) but I would characterize Thomas as "dignified."

Thomas wasn't the first African American to sit on the Court (that was Thurgood Marshall) but he's been the only one for the better part of thirty years. His judicial philosophy seems to be "better to remain silent and have others think you a fool, than to open you mouth and remove any doubt". The man takes himself seriously, he has dignity if not gravitas, and I seriously believe that if Biden and Roberts politely suggested it's time to go, he might just do it.

However remote the chance of him actually being removed by impeachment are (and they are remote) the shame of it would weigh heavily on Thomas. Even if not removed, he would be only the second SCOTUS Justice impeached (after Samuel Chase.) It would be an horrendous end to his career.
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If he truly had any dignity had would have recused himself from the start. Now he just looks furtive and guilty.
 
Gateman_Wen said:
If he truly had any dignity had would have recused himself from the start. Now he just looks furtive and guilty.
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Dignity is an attitude (or stance) and is most often present in people whose position of power is not justified by their wits.

Anyway, we'll see. Hopefully Thomas sees a way out and doesn't expect to be damned if he does, damned if he doesn't.
 
Checkerboard Strangler said:
I'm not Seth Abramson, Atty but I did stay in a Holiday Inn Express last night. 😆
But seriously, sit down and read, and re-read, it IS long, and it IS complicated, and I had to read his thread two times and then come back to it a third time
because it's a lot to digest.
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Note 1 in this thread pretty much refuted any reasonable rationale for a recusal:
It said that Justice Thomas does not participate this 'Thomas Clerk World's' site as it might deal with issues that could appear before SCOTUS.
 
Athanasius68 said:
Note 1 in this thread pretty much refuted any reasonable rationale for a recusal:
It said that Justice Thomas does not participate this 'Thomas Clerk World's' site as it might deal with issues that could appear before SCOTUS.
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Have you been on Thomas Clerk World? And if not, how do you know he does not participate?

If he's smart, he would use one of his clerks' accounts. But I don't think he's smart.
 
Spirit of The Millennium said:
Have you been on Thomas Clerk World? And if not, how do you know he does not participate?

If he's smart, he would use one of his clerks' accounts. But I don't think he's smart.
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The article itself says he does not participate.
 
Athanasius68 said:
The article itself says he does not participate.
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And that's the only part of the article you believe, I guess.

Being PERSONALLY involved is not the only reason for recusal. Knowing that his wife is VERY LIKELY involved is also a good reason.

What are you worried about? Conservative Justices still have a majority without him.
 
Spirit of The Millennium said:
And that's the only part of the article you believe, I guess.

Being PERSONALLY involved is not the only reason for recusal. Knowing that his wife is VERY LIKELY involved is also a good reason.

What are you worried about? Conservative Justices still have a majority without him.
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Its the only part that is relevant.
 
Athanasius68 said:
Its the only part that is relevant.
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No it's not. If Justice Thomas chooses to sit on a case that may involve his wife, he will be guilty of a conflict of interest. No Justice can be expected to rule objectively in that situation, and any honest Justice would recuse themselves.

What are you afraid of? Chief Justice Roberts siding with the liberal wing and returning a 4-4 verdict? WHY would you worry about that?
 
Gateman_Wen said:
www.businessinsider.com

Clarence Thomas was the lone dissent in the Supreme Court's January order rejecting Trump's bid to withhold documents from the January 6 panel

Thomas' vote came under scrutiny Thursday following reports that his wife, Ginni Thomas, texted Mark Meadows about overturning the 2020 election.
www.businessinsider.com www.businessinsider.com

That includes Ginni Thomas's texts with Eastman.
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Thomas has solo dissents all the time. More than any other justice in the 2019-2020 term.

Furthermore, there was another attempt by Trump to reject records being released that was unanimously rejected. Thomas didn't dissent to that.
 
Constitutional Crisis!! The Sky is Falling! Wolf!! Wolf!!
 
Schism said:
Constitutional Crisis!! The Sky is Falling! Wolf!! Wolf!!
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Did you read the article? Or even the first post?

As usual, you come across as someone who only has five minutes for DP on your busy rounds.
 
Schism said:
Yes, I read the liberal arm-flapping story.
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Only one Supreme Court Justice has ever been impeached. Wouldn't you consider that a "constitutional crisis" if it comes to that with Thomas?
 
Spirit of The Millennium said:
No it's not. If Justice Thomas chooses to sit on a case that may involve his wife, he will be guilty of a conflict of interest. No Justice can be expected to rule objectively in that situation, and any honest Justice would recuse themselves.

What are you afraid of? Chief Justice Roberts siding with the liberal wing and returning a 4-4 verdict? WHY would you worry about that?
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And such a standard applies to all justices.
Since Mrs. Thomas was never party to any litigation, was not charged for any activities on 1/6 and is facing no legal issues here, one might as well worry about whether Justice Kagan or Justice Roberts will recuse for the activities of their spouses. There is about as much merit.
 
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