The Oklahoman

Yes, investigat­e the Supreme Court leak; what about Thomas?

- Rex Huppke Follow Rex Huppke on Twitter @RexHuppke .

I was glad to hear U.S. Supreme Court Chief Justice John Roberts launched an investigat­ion into who leaked a draft opinion on abortion rights, and while I don’t claim to be an expert on leaks or investigat­ions or court credibilit­y, I wonder if he might also want to look into how the wife of another justice might have supported an attempt to overthrow the government.

Just throwing that out there in hopes of being helpful.

Roberts reportedly summoned the Marshal of the Court, who I assume carries a badge and has a sixshooter on each hip, to sniff out the leaker who gave Politico a draft opinion showing the court may overturn the 1973 Roe v. Wade decision that gave women the constituti­onal right to abortion. It’s definitely important to get to the bottom of that, but as long as they’re doing some Thomas investigat­ing, maybe the marshal could

hop on a horse and trot over to this other justice’s office – I think his name is Clarence – and inquire about the far-right activist he’s married to, Ginni Thomas.

The ‘integrity of our operations’

In a statement, Roberts said the leak of the draft opinion was “intended to undermine the integrity of our operations” and “was a singular and egregious breach of that trust that is an affront to the court and the community of public servants who work here.”

All true, for sure. You can’t have a leaky high court. But we haven’t heard Roberts comment yet on the wife of Justice Clarence Thomas, who, based on text messages turned over to the Jan. 6 committee, thinks the 2020 presidenti­al election was “the greatest Heist of our History” and “the end of Liberty” and that the Bidens, members of the media and other “ballot fraud co-conspirato­rs” will soon “be living in barges off GITMO to face military tribunals for sedition.”

I’m just a humble columnist, but she sounds a few flapjacks shy of breakfast, if you know what I mean. Seems any good investigat­ion aimed at preserving the reputation of the court might want to make sure none of that zaniness found its way into Justice Thomas’ head. You know ... through osmosis and whatnot.

Why didn’t Thomas recuse himself?

Again, I know the leak is a bad thing, but ... you know ... maybe so is knowing your wife might have sent a batch of unhinged text messages to the White House chief of staff and then not recusing yourself from the case that would allow those text messages to be revealed.

Because that’s exactly what happened in January, when Justice Thomas was the only member of the court to rule in favor of former President Donald Trump’s request to keep White House records from the

Jan. 6 committee.

A month earlier, Ginni Thomas had signed her name to a letter sent to conservati­ve leaders lambasting the work of the committee investigat­ing the domestic terrorist attack on the U.S. Capitol building that happened after a “Save America Rally” she attended.

A convenient series of events

To summarize – and I apologize, marshal, I’m not trying to do your work for you – in the wake of Trump’s election loss to President Joe Biden, Thomas sent wildly conspirato­rial emails to Mark Meadows, Trump’s chief of staff at the time, then she helped promote and attend the rally that led to the attack on the U.S. Capitol, then she denounced the committee investigat­ing the attack, then her husband on the Supreme Court was the only justice who wanted to block the release of informatio­n that would include his wife’s texts to Meadows.

I’m not a marshal, nor am I trained in tracking down leaks or leakers. But I still think the Thomas family situation might fall under the “undermine the integrity of our operations” umbrella the Chief Justice opened, so as long as you’ve got your guy doing some poking around, why not turn over a few additional rocks and see what you find?

And while you’re at it, what about the fact that the court, focused as it is on maintainin­g credibilit­y, has three new justices who were nominated by a president who lost the popular vote and confirmed by senators representi­ng far fewer voters than the senators opposed to the confirmations?

Those three justices – Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – all show up on the leaked draft opinion casting deciding votes to overturn Roe v. Wade. Doesn’t it seem kind of important that the people making decisions on a fundamenta­l right supported by a strong majority of Americans actually represent a strong majority of Americans?

Otherwise, it starts to seem like a small minority of people driven by certain religious views are determinin­g what the rest of us can and can’t do, and that gets a bit ... you know ... theocracy-sounding.

 ?? JOSE LUIS MAGANA/AP ?? Demonstrat­ors protest outside of the Supreme Court on May 3.
JOSE LUIS MAGANA/AP Demonstrat­ors protest outside of the Supreme Court on May 3.
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