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First Elena Kagan, Now Clarence Thomas: The Case for Recusal

By Tanya Roth, Esq. | Last updated on

The Obamacare lawsuit recusal train is on the move. Next stop -- Justice Clarence Thomas.

Justice Thomas' impartiality is being called into question by Democrats with regards to the possible healthcare lawsuit. Of course, the lawsuit has yet to reach the Supreme Court, as it is currently in the district courts.

Nevertheless, people on both sides of the Obamacare debate are calling for judicial impartiality. First, Justice Elena Kagan's impartiality was brought into question in light of her role of crafting the Government's defense for Obamacare in her role as Solicitor General. Now, Democratic representative Anthony Weiner is calling for Justice Clarence Thomas to recuse himself from the potential Obamacare lawsuit if and when it reaches the U.S. Supreme Court.

In his statements, Weiner cites that Justice Thomas’ family had a financial stake in opposing healthcare reform. Specifically, Rep. Weiner referred to the fact that in 2010, Thomas’ wife, Ginni, received a salary from Liberty Central, a Tea-Party affiliated group that supports the repeal of the healthcare law, as reported by Fox News. (Noteworthy fact: Ginni Thomas also served as the President and CEO of Liberty Central, according to Mother Jones.)

Furthermore, Weiner cites the fact that Justice Thomas derived income from the Heritage Foundation, a group that has supported the repeal of Obamacare.

Justice Thomas, however, has indicated that he does not plan to recuse himself from the Obamacare lawsuits when they inevitably reach the U.S. Supreme Court.

The healthcare lawsuits are currently at the Appeals level, being heard in the 6th Circuit Court of Appeals and the 4th Circuit Court of Appeals. Of course, once these cases reach the Supreme Court, we’ll be on the edge of our seats waiting for the final say.

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