Date: 2011-06-20 10:35 pm (UTC)
From: [identity profile] udoswald.livejournal.com
Clarence Thomas' wife is employed by various organizations that either benefit directly from Citizens United (by being able to pump unlimited money into elections) or advocate for issues considered in the decision).

Date: 2011-06-21 12:49 am (UTC)
From: [identity profile] udoswald.livejournal.com
You're right, it is lunacy that a Supreme Court justice can have such obvious conflicts of interest, and violate financial disclosure rules so flagrantly, without any risk of actual consequences.

Date: 2011-06-21 12:52 am (UTC)
From: [identity profile] badlydrawnjeff.livejournal.com
Please. The lunacy is the belief that the spouse of a justice cannot be politically active.

But let me guess - you don't think Kagan will have to recuse when the Obamacare cases eventually hit the Court, right?

Date: 2011-06-21 02:25 am (UTC)
From: [identity profile] udoswald.livejournal.com
The spouses of justices can do whatever they want, as long as the justice doesn't involve himself in cases that involve the interests of his spouse. His wife is/has been employed by several organizations with deep interest in Citizens United and the Obama healthcare plan. His decision in Citizens United was exactly in agreement with his wife's interests. Because of that decision, his wife can be expected to benefit both in her career and in a financial sense.

There's also the fact that Thomas LIED on a financial disclosure form (and then laughably claimed he didn't understand the law) when he claimed his wife had no income in order to cover up his conflict of interest. If anything, the lie is probably worse than the conflict of interest since his conflict of interest is just an ethical failing while lying on the form is a crime.

I suppose if Kagan was employed by a lobbying organization and had a financial interest in the outcome, then yes, but I've heard nothing to suggest that.

But let me guess - you think Kagan should recuse herself but that Thomas should stay on to decide the case when it hits the court, right?

Date: 2011-06-21 02:27 am (UTC)
From: [identity profile] badlydrawnjeff.livejournal.com
I suppose if Kagan was employed by a lobbying organization and had a financial interest in the outcome, then yes, but I've heard nothing to suggest that.

Oh man. Wow.

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