Jane Mayer on the Ethical Questions About Justice Clarence Thomas

In theory, the Justices of the Supreme Court are immune to influence, with no campaigns to finance and no higher positions to angle for. But a cascade of revelations published by ProPublica concerning Justice Clarence Thomas—island-hopping yachting adventures underwritten by a right-wing billionaire patron, undisclosed real-estate transactions—raises questions about his proximity to power and money. Judges “are supposed to be honest, they’re supposed to be independent,” Jane Mayer tells David Remnick. “And I think it stretches common sense to think that a judge could be independent when he takes that much money from one person.” Mayer co-wrote the book “Strange Justice,” about Clarence Thomas, almost thirty years ago, and last year reported on Ginni Thomas’s influence in Washington. She notes that other Justices, including the late Ruth Bader Ginsburg, have accepted large gifts from politically connected donors. A deepening public distrust in the integrity of the Supreme Court, Mayer thinks, is dangerous for democracy. “The glue that holds us together is the rule of law in this country,” she says. “People have to believe when they go in front of a court—and in particular the Supreme Court—that they’re getting a fair shake . . . that it’s justice that’s going to prevail.”

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