When we got wind that Supreme Court Justice Clarence Thomas' wife Virginia was launching a Tea Party organization called Liberty Central Inc, all we could do is throw our hands up in exasperation. This newest affiliation with the Tea Party is dedicated to uplifting conservative principles... So much for impartiality on the nation's highest court. So much for 'justice being blind' and holding no allegience to political idealogy...
Justice Thomas is slimy because he's shown time and time again to be politically biased. Over the years we've seen Thomas vote along conservative lines to the point that he seems to be more interested in doing that versuses weighing the true merits of a case. If you go left Thomas will go right. Thomas has shown over the years he can't be counted on to do anything except find a far right angle to vote on...
With that in mind one would think his wife Virginia would be more low key in her political activism. Like any citizen she has a right to participate in the political process, but when you're the spouse of a Supreme Court Justice and you start leading political parties it has the appearance of a potential conflict of interest, and as I mentioned earlier, an end to political impartiality. She needed to be more low key.
To be this high profile is not only tacky, but seems to be a delieberate attempt by both Thomas's to flaunt their biases while sending a strong message to a far right political party that they have an 'in' on the Supreme Court.
-Davey D-
Justice's wife launches 'tea party' group
As Virginia Thomas tells it in her soft-spoken, Midwestern cadence, the story of her involvement in the "tea party" movement is the tale of an average citizen in action.
"I am an ordinary citizen from Omaha, Neb., who just may have the chance to preserve liberty along with you and other people like you," she said at a recent panel discussion with tea party leaders in Washington. Thomas went on to count herself among those energized into action by President Obama's "hard-left agenda."
But Thomas is no ordinary activist.
She is the wife of Supreme Court Justice Clarence Thomas, and she has launched a tea-party-linked group that could test the traditional notions of political impartiality for the court.
In January, Virginia Thomas created Liberty Central Inc., a nonprofit lobbying group whose website will organize activism around a set of conservative "core principles," she said.
The group plans to issue score cards for Congress members and be involved in the November election, although Thomas would not specify how. She said it would accept donations from various sources -- including corporations -- as allowed under campaign finance rules recently loosened by the Supreme Court.
"I adore all the new citizen patriots who are rising up across this country," Thomas, who goes by Ginni, said on the panel at the Conservative Political Action Conference. "I have felt called to the front lines with you, with my fellow citizens, to preserve what made America great."
The move by Virginia Thomas, 52, into the front lines of politics stands in marked contrast to the rarefied culture of the nation's highest court, which normally prizes the appearance of nonpartisanship and a distance from the fisticuffs of the politics of the day.
Justice Thomas, 61, recently expressed sensitivity to such concerns, telling law students in Florida that he doesn't attend the State of the Union because it is "so partisan." Thomas, who was nominated by President George H.W. Bush, has been a reliable conservative vote since he joined the court in 1991.
Experts say Virginia Thomas' work doesn't violate ethical rules for judges. But Liberty Central could give rise to conflicts of interest for her husband, they said, as it tests the norms for judicial spouses. The couple have been married since 1987.
"I think the American public expects the justices to be out of politics," said University of Texas law school professor Lucas A. "Scot" Powe, a court historian.
He said the expectations for spouses are far less clear. "I really don't know because we've never seen it," Powe said.
Under judicial rules, judges must curb political activity, but a spouse is free to engage.
"We expect the justice to make decisions uninfluenced by the political or legal preferences of his or her spouse," said New York University law professor Stephen Gillers, an expert on legal ethics.
Virginia Thomas declined to comment in detail about her plans for LibertyCentral.org, which she said would fully launch in May. In a brief phone interview, she did not directly answer questions about whether she and her husband had discussed the effects her role might have on perceptions of his impartiality.
"I don't involve myself in litigation. Are you asking that because there's a different standard for conservatives? Did you ask Ed Rendell that question?" she said, referring to the Democratic governor of Pennsylvania, who is married to a federal appellate court judge.
Virginia Thomas has long been a passionate voice for conservative views. She has worked for former Republican Rep. Dick Armey of Texas and for the Heritage Foundation, a conservative think tank with strong ties to the GOP.
In 2000, while at the Heritage Foundation, she was recruiting staff for a possible George W. Bush administration as her husband was hearing the case that would decide the election. When journalists reported her work, Thomas said she saw no conflict of interest and that she rarely discussed court matters with her husband.
"We have our separate professional lives," she said at the time.
In fall 2008, when Thomas joined Hillsdale College as an administrator, she called the school's Washington campus "the safest place for me to be when it comes to conflicts." Her new endeavor could signal a return from that shelter.
Although Liberty Central is a nonpartisan group, its website shows an affinity for conservative principles. Her biography notes that Thomas is a fan of Rush Limbaugh and Mark Levin, author of "Men in Black: How the Supreme Court is Destroying America."
"She is intrigued by Glenn Beck and listening carefully," the bio says.
As in her appearance at the panel discussion, the website does not mention Clarence Thomas.
The judicial code of conduct does require judges to separate themselves from their spouses' political activity. As a result, Marjorie Rendell, a judge on the 3rd U.S. Circuit Court of Appeals, has stayed away from political events, campaign rallies and debates in Pennsylvania. Her husband discussed such issues in his first campaign for governor.
Since then, Judge Rendell has sought the opinion of the judiciary's Committee on Codes of Conduct when a case presents a possible conflict of interest involving her husband's political office, she said.
Law professor Gillers said that Justice Thomas, too, should be on alert for possible conflicts, particularly those involving donors to his wife's nonprofit.
"There is opportunity for mischief if a company with a case before the court, or which it wants the court to accept, makes a substantial contribution to Liberty Central in the interim," he said.
Justice Thomas would be required to be aware of such contributions, Gillers said, adding that he believes Thomas should then disclose those facts and allow parties in the case to argue for recusal.
But it would be up to Justice Thomas to decide whether to recuse himself. He could not be reached for comment.
As a 501(c)(4) nonprofit, Liberty Central can raise unlimited amounts of corporate money and largely avoid disclosing its donors.
Because of a recent Supreme Court decision, Citizens United vs. Federal Election Commission, the group may also spend corporate money freely to advocate for or against candidates for office.
Justice Thomas was part of the 5-4 majority in that case.
khennessey@tribune.com