Congresswoman Chellie Pingree (D-Maine) and 49 of her Congressional colleagues last Wednesday, September 27, 2023, sent a letter to Supreme Court Justice Clarence Thomas demanding he recuse himself from the upcoming Loper Bright v. Raimondo case, and any other case challenging the Chevron defense doctrine, following ProPublica’s investigative reporting that revealed Justice Thomas’s secret participation in donor events organized by the Koch Network.
The plaintiffs in Loper Bright Enterprises v. Raimondo are represented by staff attorneys for the Koch Network in the attempt to overturn Chevron’s protections for government agencies. Due to these recent revelations, the members of Congress assert that Justice Thomas had an obligation to prevent this conflicdt of interest by recusing himself from Loper Bright Enerprises v. Raimondo due to his close personal and financial relationship with Charles and David Koch.
“On Friday, ProPublica published a report that alleged you have attended at least two Koch donor summits over the last several years,” wrote the members. “During one of those summits in January 2018, you were purportedly flown to Palm Springs, California – a flight you did not disclose on your annual fiancial disclosure form to attend a private dinner for the Koch Neywork’s donors. According to the report, you were specially brought to the fundraiser event to speak on the hopes that such access would encourage donors to continue giving.”
In the absence of a Code of Conduct that applies to Supreme Court Justices, recusal from cases in which a justice may have a vested interest is the only mechanism to ensure that the Court’s decisions are not tainted by conflicts of interest.
“The allegations against you regarding your attendance at these fundraising events demonstrate unambiguously unethical behavior that is unacceptable for a judge at any level,” the members continued. “Here the Kochs – political activists that you have personally helped fundraise for and personal;y and financiay benefited from while their crusade to overturn to Chevron was public and wel-known – are a party to this case If you do not recognize that your behavior disqualifies you from ruling on such a conequential case and you do not recuse yourself, it will do irreparable harm to the Court’s credibility and to the public’s faith in the impartial rulings of the entire federal judiciary.”
Earlier this year it was revealed that Justice Clarence Thomas failed to disclose gifts and travel from political activist and billionaire Harlan Crow including at least one trip valued at over $500,000. Reports have also revealed that Crow bought properties from Justice Thomas and his relatives for at least double what Justive Thomas had said these properties were worth. Justice Thomas’ family received up to $750,000 in income yearly from a firm that has not existed since 2006.
Justice Thomas’ pattern of unethical behavior dates to at least 2011.