Best Friends?

Do you have some good friends or neighbors? Most people do. They are the folks you invite to parties, go to games with, or know that you can count on if something comes up. If you are sick, maybe they will stop by with some chicken soup or go pick up some groceries for you. If you are an ailing Mom at home with kids, maybe they would take your kids to their house for a few hours or take them to soccer practice if your spouse was away.

However, it seems to me that they would not buy you tires for your car, give you a valuable historical Bible, pay your relative’s school tuition worth thousands and thousands of dollars, or renovate your family home. While they might invite you on a vacation, if they were great friends, they would probably expect you to pay your way, if you were the average person.

They say that the rich are different from you and me. They claim to live by their own rules and sometimes believe that most rules do not apply to them. Pro Publica has reported for several weeks about people doing favors for Supreme Court Justice Clarence Thomas and his wife Ginnie. Texas billionaire Harlan Crow, described by commentator David Brooks as a nice man, claims to be friendly with Justice Thomas, who says he is his good friend, even though he did not know him before being selected to the Bench.

Crow treated Thomas and his wife to trips to various Pacific islands, flying them on his private plane and sailing them on his yacht. They also traveled around the Baltics, and the Greek Islands, and vacationed at his Adirondack estate and elsewhere each year. Crow claims that he never asked Thomas to rule to support any issues that came before the court. However, his business is in real estate, and his interests lie with conservative causes, many of which have come before the court over the last several years. Crow is a member of the Club for Growth–an antitax group and supports the Hoover Institute, and the American Enterprise Institute, both major conservative Think Tanks. He estimated he has given over ten million documented dollars to Republican causes over the years and more where reporting was not required.

In a portrait prominently displayed at Crows Adirondack estate, Thomas can be seen chatting with Leonard Leo, the founder of the Federalist Society and a major anti-abortion zealot. Crow regularly had major Republican donors and corporate leaders in attendance when Thomas was on his annual vacation, although they claim issues before the court were never discussed.

It was recently revealed that Leo funneled thousands of dollars to Ginnie Thomas through a foundation he controlled and used Kelly Conways’ polling company to hide the payments. Crowe also contributed to Ginnie’s Tea Party groups, as noted below.

According to Pro Publica (noted above):

“Crow met Thomas after he became a justice. The pair have become genuine friends, according to people who know both men. Over the years, some details of Crow’s relationship with the Thomases have emerged. In 2011, The New York Times reported on Crow’s generosity toward the justice. That same year, Politico revealed that Crow had given half a million dollars to a Tea Party group founded by Ginni Thomas, which also paid her a $120,000 salary. But the full scale of Crow’s benefactions has never been revealed.”

As I mentioned, I am in favor of people having friends. I am not in a position of influence, nor do I get paid $285,000 by the Federal Government to make important decisions based on our Constitution as Justice Thomas is. I am not friendly with Corporate CEOs who have certain views on how they or their businesses should be regulated by the government. But, I recognize that, were I to be in that position, it might be difficult to rule against my friends, no matter how hard I tried to say I was not influenced by social contacts who had not lobbied me.

But, one of the major issues with this information is that Justice Thomas did not report many of these trips or gifts on his financial disclosure forms. He did not report that Crow financed a statue of a favorite teacher whom Thomas had as a child and Thomas dedicated while on a trip financed by Crow. He did not report that Crow purchased and renovated his family home, where Thomas’ mother still lives, and bought adjoining land for a buffer. This week, news reports revealed that tuition worth over 100,000 dollars at private schools over several years for Thomas’ adopted grand nephew was paid by Crow. These funds, too, were not disclosed by Thomas. Are you, like me, wondering just what did Thomas pay for in his daily expenses?

Do you have people, even good friends, who volunteer to help take care of your mother or adopted child? I know I could have used help with my kids’ college tuition, how about you?

The Supreme Court claims the Justices know the ethics rules and follow them. But, here’s the rub-the rest of us do not know what those rules are, so how can we, as a society, police them? Judges in the lower courts have written codes of Ethics and can be impeached if they do not adhere to them. Much has been made of the fact that years ago Justice Abe Fortas stepped down from the Court after questions were raised about work he had done for a private citizen, even though he had never cashed the check for $20,000 he received. It was thought then and should be the practice now, that Justices should be held to the highest standard.

I remember questions were raised when Justice Scalia died while hunting at a private ranch. Reports indicated the ranch was a favorite of the rich and famous who enjoyed hunting for quail and other game. Justices have long traveled to resorts for speeches at law conferences or symposiums with expenses paid by sponsors. They usually reported on these trips with their financial disclosures. I believe it is important for Justices to go out and be heard and also have the opportunity to listen to opinions from regular folks.

Recently Justice Alito complained the public should not criticize the Court. While sitting in his ivory tower and making rulings such as Dobbs, he still wonders? That certainly reinforces the reality of the distance the Court has from the public. When he was being interviewed by the Senate for his position on the Court, he stated Roe was settled law; that it was precedent. And now he wonders why many women no longer trust the court? Senator Durbin recently asked Chief Justice Roberts to testify before his Senate Judicial Committee on Judicial Ethics. He declined the invitation. All members of the Court signed a letter that supported his response.

As reported by NPR-“Since 1991 the justices have followed financial disclosure requirements on gifts, outside earned income, outside employment, etc. These reports are supposed to disclose, among other things, the justices' non-governmental income, investments, gifts, and reimbursements from third parties. Roberts noted that the Judicial Conference has, just this year, tightened some of the disclosure requirements, for instance requiring disclosure of free airplane trips and other gifts from friends that in the past have been exempted.”

On the issue of recusal, the letter noted they left it to the individual Justice to make that decision. Recently Justices Gorsuch and Jackson have indicated that they were involved in lower court decisions on issues that came before the court, so would recuse themselves. Justice Thomas did not recuse himself on issues that the former President had before the Court, even though his wife Ginnie was actively supporting his reelection and efforts to deny the election results.

It should seem obvious to the Chief Justice and others on the Court that it has been their rulings that have distanced the Court from the people at large. The blatant disregard by Justice Thomas for the limited ethics policies in place begs for some kind of established mechanism to be settled to police gifts and other means of influence. The justices complain that their security is threatened and that listing their travel may jeopardize their safety. I think that if they list the travel after a trip is taken, then it should be safe enough to list it annually. If they travel to the same places each year, that might be an issue, but they could handle it.

I used to hold the Court in high esteem. I recognize justices are human and humans can err. However, they have become so political in decisions in recent years that they are being scrutinized more closely. Because of their prominent positions, they receive high salaries, less than if they were in law practices, but substantial nonetheless. They each should live by the highest standards and not allow billionaires to supplement their lifestyles, even if they are “good friends”. They need to produce a written code of ethics so the public can determine if it is being followed.

“Til next week-Peace!!