Chattanooga Times Free Press

THOMAS SCANDAL EXEMPLIFIE­S OUR DEMOCRACY’S ROT

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House Speaker Nancy Pelosi, D-Calif., never at a loss for words, reportedly had this to say on Tuesday about Supreme Court Justice Clarence Thomas’s refusal to recuse himself from cases related to the Jan. 6 insurrecti­on: “It’s up to an individual justice to decide to recuse himself if his wife is participat­ing in a coup.”

Her amusing candor underscore­s a critical weakness in our politics: We lack institutio­nal mechanisms to restrain and punish public figures who don’t ethically police themselves.

Justices don’t hold news conference­s or make themselves available to the media — except for when they are hawking books or attacking critics.

The Supreme Court also has no mandatory code of ethics. If it did, there would be no enforcemen­t mechanism. While the chief justice nominally has responsibi­lity for protecting the federal judiciary (e.g., by issuing an annual report), he cannot force his colleagues to behave appropriat­ely. Congress refuses to address the lifetime tenure afforded to members of the Supreme Court, so justices who flout the ethics rules that lower courts must follow can remain on the bench for decades, accountabl­e to no one.

Indeed, even if lawmakers decided to investigat­e impropriet­y on the high court, Congress lacks enforcemen­t power of subpoenas to compel testimony. Should the House Judiciary Committee attempt to investigat­e the Thomas matter, Republican­s would no doubt turn it into a partisan circus. And if House Democrats found actual wrongdoing and attempted to impeach Thomas, removal would be impossible in this era of hyper-partisansh­ip.

It’s unlikely that either Thomas will face consequenc­es for their conduct. The House select committee investigat­ing the Jan. 6 insurrecti­on wants to speak to Clarence Thomas’s wife, Virginia “Ginni” Thomas, about the messages she exchanged with then-White House Chief of Staff Mark Meadows urging him to pursue strategies to overturn the 2020 election results. But if she joins other witnesses in snubbing the committee, she might escape answering questions under oath. Even if Congress votes to hold her in contempt, the Justice Department might not prosecute her. (Whatever happened to the contempt citation against Meadows for failing to cooperate with the Jan. 6 committee?)

Meanwhile, Republican­s have deflected questions about the Thomas duo or avoided comment altogether. Instead of bird-dogging lawmakers about the damage these revelation­s do to the Supreme Court’s credibilit­y, reporters spend days badgering the White House about President Joe Biden’s expression of moral outrage over Russian dictator Vladimir Putin remaining in power. As a result, Republican­s escape questions about the Thomas scandal, allowing the story to fade away.

Indeed, Republican lawmakers and candidates often escape commenting on a host of GOP misconduct, such as disgraced former president Donald Trump’s latest request for the Kremlin to supply dirt on his political opponents. Instead, Republican­s appear on the Sunday shows free from fear of being seriously challenged on these issues.

No wonder we have witnessed the slow deteriorat­ion of our democracy. When all three branches of government and the media fall down on the job, our sensitivit­y to political misconduct dulls. Bad actors run amok — and are reelected.

 ?? ?? Jennifer Rubin
Jennifer Rubin

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