The NYT published an interesting opinion by Adam Cohen, a former member of the NYT editorial board. Cohen writes:
54 Years Ago, a Supreme Court Justice Was Forced to Quitfor Behavior Arguably Less Egregious Than Thomas’sThere are two distressing aspects to the scandal of Justice Clarence Thomas’s years of accepting luxurious vacations and private jet trips from a billionaire, as revealed last week in a damning investigation by ProPublica.
The first is that these gifts came from a man who seems to have strong feelings about issues that come before the Supreme Court. The second is the lack of bipartisan outrage at malfeasance that corrodes the standing of the nation’s highest court..... it is worth recalling that the last time such serious allegations were made against a sitting justice, Congress did respond firmly and in bipartisan fashion. Justice Abe Fortas’s departure from the court in 1969 is both a blueprint for how lawmakers could respond today and a benchmark of how far we have fallen.Justice Thomas’s conduct has been far more egregious in scale than Fortas’s. ProPublica reported that a single nine-day “island hopping” trip by Justice Thomas and his wife, which included a 162-foot superyacht, could have cost him over $500,000 if he had chartered the private jet he flew on and the yacht himself.The defenses being made on Justice Thomas’s behalf hardly pass the laugh test. It was just, as Justice Thomas put it, “personal hospitality” among close friends? That would be a nice meal at a friend’s home, not an invitation to travel the world like royalty on a plutocrat’s dime. And about that friendship: ProPublica reports that Justice Thomas’s rich benefactor, the real estate developer Harlan Crow, befriended him after he became a justice. It is hard to believe that if Justice Thomas started voting like Justice Sonia Sotomayor, the friendship or the free island hopping would continue.Democrats in Congress are also pushing for a code of ethics for the justices who, unlike lower court federal judges, are not covered by one.
Republicans, however, have been deafeningly silent. Fox News has filled the void by locating an “expert” to declare that the story about Justice Thomas is “politics, plain and simple.” Influential Republicans in Congress are reported to be working behind the scenes to block the push for a code of ethics.
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