Amidst the Supreme Court confirmation hearings, controversy over Thomas’s ties to the January 6th events complicates Democratic strategy
The ongoing Supreme Court drama has put Democrats in a precarious situation. While they are already walking a fine line with the Court’s balance, recent developments have made their position even more fraught. Last week, three key events unfolded: the confirmation hearings for Judge Ketanji Brown Jackson, the hospitalization of Justice Clarence Thomas, and the revelation that his wife, Ginni Thomas, had repeatedly urged former White House Chief of Staff Mark Meadows to take steps to overturn the 2020 presidential election.
Though the Supreme Court strives to maintain an air of impartiality, Clarence Thomas’s wife has long been a prominent figure in conservative political circles. Her activism, which has continued unabated despite her husband’s role on the bench, has caused some discomfort. Clarence Thomas himself recently cautioned that the Court could one day face serious compromises if it becomes too politically entangled.
The controversy surrounding Ginni Thomas’s actions has led some Democrats, such as Congresswoman Ilhan Omar, to call for Clarence Thomas’s impeachment. Others, including Senators Ron Wyden, Cory Booker, and Amy Klobuchar, argued that the Justice should have recused himself from cases relating to the 2020 election and the January 6th insurrection. However, these calls for action arrive at a particularly inconvenient time for the Democrats.
Just days ago, Senator Joe Manchin, a key figure in the Democratic Senate, announced that he would support Ketanji Brown Jackson’s nomination to the Supreme Court, all but guaranteeing her confirmation. This comes despite fierce opposition from Republicans, who have united against Jackson. Nebraska Senator Ben Sasse, one of the more conciliatory Republicans on the Senate Judiciary Committee, declared he would vote against her, ensuring a deadlock in the committee before the vote proceeds to the full Senate.
The Republicans’ long memories when it comes to judicial confirmations are well-known. They have not let go of the contentious confirmation of Robert Bork in 1987, nor have they forgotten the bitter 1991 hearings for Clarence Thomas, where accusations of sexual harassment from Anita Hill led to a fiery debate that Thomas himself called a “high-tech lynching.” More recently, the 2018 confirmation hearings for Brett Kavanaugh, which centred on Christine Blasey Ford’s allegations of sexual assault, remain a deeply contentious issue for the GOP.
Given these divisions, the timing of the Clarence Thomas controversy is particularly challenging for the Democrats. With a historic Supreme Court nomination process underway, the party is reluctant to take any action that could derail Ketanji Brown Jackson’s confirmation. As a result, the Thomas family scandal has placed Democrats in a difficult bind, with few good options for addressing the ethical concerns surrounding the Justice and his wife without jeopardising their immediate political goals.
