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H.Res.1353 - Impeaching Clarence Thomas


Congresswoman Alexandria Ocasio-Cortez (NY-14) introduced articles of impeachment against United States Supreme Court Justices Clarence Thomas.

“The unchecked corruption crisis on the Supreme Court has now spiraled into a Constitutional crisis threatening American democracy writ large. Justices Clarence Thomas’ pattern of refusal to recuse from consequential matters before the court in which they hold widely documented financial and personal entanglements constitutes a grave threat to American rule of law, the integrity of our democracy, and one of the clearest cases for which the tool of impeachment was designed.

The Constitution of the United States explicitly outlines a higher standard of conduct for the judiciary to meet, far surpassing its existing bars on treason, bribery, and other high crimes and misdemeanors for all civil officers: the standard of Good Behavior. Judicial ethics and rules, to which even the lowest level judges are held, make those standards clear. The lifetime appointments of Supreme Court justices make enforcement of these standards a solemn responsibility for the protection of our democracy,” said the Congresswoman. 

“Justice Thomas’ repeated failure over decades to disclose that they received millions of dollars in gifts from individuals with business before the court is explicitly against the law. And their refusal to recuse from the specific matters and cases before the court in which their benefactors and spouses are implicated represents nothing less than a constitutional crisis. These failures alone would amount to a deep transgression worthy of standard removal in any lower court, and would disqualify any nominee to the highest court from confirmation in the first place.

Given the court’s demonstrated inability to preserve its own legitimate conduct, it is incumbent upon Congress to contain the threat this poses to our democracy and the hundreds of millions of Americans harmed by the crisis of corruption unfurling within the court. Congress has a legal, moral, and democratic obligation to impeach,” she continued.

The impeachment resolution includes the following impeachment articles against Justice Thomas: 

  1. Failure to disclose financial income, gifts and reimbursements, property interests, liabilities, and transactions, among other information.
  2. Refusal to recuse from matters concerning his spouse’s legal interest in cases before the court.
  3. Refusal to recuse from matters involving his spouse’s financial interest in cases before the court.

Opponents argue that Impeachment of a Supreme Court Justice requires evidence of high crimes and misdemeanors. They argue that there is insufficient evidence that Justice Thomas has committed such offenses. Allegations alone, without substantial proof, do not meet the constitutional threshold for impeachment.

Simply put, if you can't defeat your opponent at the ballot box, then pull out all the stops to beat them against the people's wishes. It is sour grapes, an assault on the judicial system -- if you don't like how they rule, then impeach them. 

If Congress were to impeach a Justice based on contentious or politically charged reasons, it could open the door to future impeachments based on partisan disagreements rather than actual misconduct. This could undermine public trust in both the judiciary and the legislative branches of government. In addition, the public perception of the impeachment process is important. If the process is seen as overtly partisan or lacking in substantive justification, it could damage the credibility of both the legislative and judicial branches, leading to a loss of faith in the government's ability to function impartially.

Do you think Congress should impeach Clarence Thomas, Associate Justice of the Supreme Court of the United States, for high crimes and misdemeanors?

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