Justices Accused of Bias & Financial Misconduct
The article was filed on July 10 and supported by eight other House progressives.
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They accuse Thomas and Alito of failing to recuse themselves from cases where they had “personal bias or prejudice” and for not disclosing income, gifts, reimbursements, and other financial information.
Constitutional Crisis
“Justice Thomas and Alito’s 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.”
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“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,” she wrote.
Impeachment Plans
Ocasio-Cortez had previously indicated on July 1 her intention to file articles of impeachment against the justices.
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This was after the Supreme Court’s decision in a presidential immunity case, which ruled that former President Donald Trump has some immunity from criminal prosecution for his role in the January 6, 2021, attack on the Capitol.
Attempt to Protect Democracy
“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,” Ocasio-Cortez stated.
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“Congress has a legal, moral and democratic obligation to impeach.”
Lifetime Appointment
The Constitution allows for the removal of justices through impeachment, stating: “The Judges, of both supreme and inferior Courts, shall hold their offices during good behavior.”
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Since justices do not face re-election after their appointment, they hold their position until they resign, pass away, or are impeached — essentially, a “lifetime appointment.”
Historical Impeachment
Justice Samuel Chase is the only Supreme Court justice to have been impeached, in 1805, due to his political bias affecting his court decisions.
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Although he was acquitted by the Senate, he continued serving until his death in 1811. In 1969, Justice Abe Fortas became the first and only Supreme Court justice to resign under the threat of impeachment due to financial misconduct.
Rare Occurrence
The Brennan Center for Justice at New York University notes that impeaching a Supreme Court or federal judge is rare and successfully removing one is even rarer. Since 1803, only 15 federal judges have been impeached.
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The process mirrors that of a presidential impeachment: the House of Representatives first votes to impeach, followed by a trial in the Senate.
Impeachment Dynamics
Currently, the House can impeach with a majority vote—Republicans hold 219 seats and Democrats have 213.
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The Senate, with 47 Democrats and 48 Republicans, requires a two-thirds majority for a conviction and removal from office.
Thomas & Wife Face Scrutiny
Justice Thomas, who has been on the court since 1999, and his wife, Ginni Thomas, have faced numerous controversies in recent years. Thomas did not disclose luxury trips, with one advocacy group estimating he received nearly $4.2 million in gifts over 20 years.
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Ginni Thomas was discovered sending texts to Trump’s chief of staff, Mark Meadows, about contesting the 2020 election results while Thomas ruled on related Supreme Court cases. She also confirmed her attendance at the January 6 rally.
Senators Call for Special Counsel
Democratic Senators Sheldon Whitehouse and Ron Wyden recently requested Attorney General Merrick Garland to appoint a special counsel to investigate potential tax and ethics violations by Thomas.
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Alito, similarly, did not recuse himself from cases where he had personal biases, including those concerning the 2020 election and the January 6 riot. Images surfaced of “Stop the Steal” flags outside Alito’s home, and he accepted luxury travel from billionaire Paul Singer, whose company had a case before the Supreme Court.
Controversy After Leaked Recordings
In mid-June, Alito faced further scrutiny when secretly recorded phone calls between him and his wife, Martha-Ann Alito, were leaked.
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In these recordings, Alito expressed doubt about finding common ground between political factions and agreed with the caller that the U.S. should return “to a place of godliness.” Martha-Ann Alito was also heard complaining about seeing a Pride flag in a neighbor’s yard.