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Leaked audio reveals that the wife of Supreme Court Justice Clarence Thomas praised a far-right group whose president later attacked Justice Elena Kagan as "treasonous."
Leaked audio published Wednesday by the investigative outlets ProPublica and Documented reveals that the wife of U.S. Supreme Court Clarence Thomas effusively thanked a far-right group fighting judicial ethics reform effort spurred in large part by revelations about her husband's undisclosed gifts from Republican billionaires.
During a private July 31 call with the organization's top donors, First Liberty Institute president and CEO Kelly Shackelford read aloud an email—some of it in all-caps—from Ginni Thomas hailing the group's opposition to court reforms that are broadly popular with the U.S. public.
"YOU GUYS HAVE FILLED THE SAILS OF MANY JUDGES. CAN I JUST TELL YOU, THANK YOU SO, SO, SO MUCH," Ginni Thomas, who was closely involved in efforts to overturn the 2020 election, wrote to the group, according to Shackelford.
"I cannot adequately express enough appreciation for you guys pulling into reacting to the Biden effort on the Supreme Court," Thomas wrote.
Later in the call, First Liberty's president attacked liberal Supreme Court Justice Elena Kagan as "treasonous" and "disloyal" for supporting an enforcement mechanism for the toothless ethics code that the high court unveiled under immense public pressure late last year.
Listen to the audio released by ProPublica and Documented:
The First Liberty Institute's donor call came days after Senate Finance Committee Chairman Sen. Ron Wyden (D-Ore.) uncovered additional billionaire-funded private travel that Justice Thomas failed to disclose, the latest in a string of scandalous revelations that began with ProPublica reporting last year.
ProPublica estimates that Thomas—part of a right-wing Supreme Court supermajority that has overturned the constitutional right to abortion care and dramatically curtailed the power of federal regulatory agencies—has over the past three decades taken dozens of luxury vacations bankrolled by billionaire Harlan Crow and other GOP megadonors with interests before the court.
Survey data released shortly after ProPublica's first bombshell report in April 2023 found that a majority of U.S. voters at the time backed Supreme Court ethics reforms and wanted Thomas to resign from the nation's most powerful judicial body.
"Ginni Thomas isn't protecting the court. She's protecting her and her husband's bribes."
ProPublica noted that Shackelford held the First Liberty donor call "shortly after President Joe Biden had announced support for a slate of far-reaching Supreme Court changes," including term limits and a binding ethics code for justices.
"On the donor call, Shackelford voiced strong opposition to various court reform proposals, including the ones floated by Biden, as well as expanding the size of the court," the investigative outlets noted. "All of these proposals, Shackelford said, were part of 'a dangerous attempt to really destroy the court, the Supreme Court.' This effort was led by 'people in the progressive, extreme left' who were 'upset by just a few cases,' he said."
News of Ginni Thomas' support for First Liberty's efforts to combat Supreme Court ethics reforms was seen as further confirmation of the urgent need to overhaul the judicial body, whose favorability ratings are near historic lows.
"Ginni Thomas isn't protecting the court," progressive activist Melanie D'Arrigo wrote on social media. "She's protecting her and her husband's bribes."
Brett Edkins, managing director of policy and political affairs at Stand Up America, said in a statement Wednesday that "the First Couple of the Supreme Court—Clarence and Ginni Thomas—have once again reminded us why we need term limits and a binding code of ethics to restore faith in our nation’s highest court."
"In a brazen political move, Ginni Thomas praised right-wing advocates working to quash commonsense Supreme Court reforms," said Edkins. "Having spent countless hours on all-expense-paid vacations on superyachts paid for by right-wing billionaires with interests before the court, it's almost too on the nose that Ginni thanked these advocates."
"It's a shameless reminder that the First Couple, and the Supreme Court broadly, must be held accountable," he added. "Congress must act by passing term limits and a binding code of ethics. The American people deserve a Supreme Court free from corruption and political bias."
This story has been updated to include a statement from Stand Up America.
Last February, Texas Governor Greg Abbott delivered his first State of the State and made some promising proclamations. "It's time for property owners - not government - to truly own their property," he stated. He also made ethics reforms pledges, "prohibiting lawmakers from voting on legislation from which they could profit and more disclosure of campaign finance information."
Abbott's commitment to giving citizens a real say in their property uses and taking on legislative influence-peddling couldn't have come at a better time for the people of Denton, Texas. In November of 2014, the Dentonians voted overwhelmingly to protect their property, their children and their communities from the many adverse impacts of fracking, an irresponsible and largely unregulated method of gas extraction. Abbott's promises presumably meant that under his watch, government would never be allowed to strip away the democratic rights of Denton's local citizens at the behest of industry.
But then in May Abbott signed into law HB40, a bill reportedly scripted by the oil and gas industry, thereby stripping away the property and local voting rights of the citizens of the city of Denton and every other town and city in Texas. Industry's lawyers wasted no time running into court to bully Denton's City Council into dropping its ban under the threat of attorney's fees.
Abbott, like so many others who take up the mantle of political life in Texas and elsewhere quickly embraced the "talk is cheap, but campaigns are expensive" mindset that permeates our political system - his oil and gas buddies had funded his gubernatorial election to the tune of over $1.5 million, more than any industry in the state.
If Abbott is so concerned with ethics reform, perhaps he needs to start with himself.
Of course, there are plenty of other places for him to start, too. One of the primary Republican sponsors of HB40, Senator Troy Fraser, has received $215,850 in campaign contributions from oil and gas. The other Republican primary sponsors of HB40, Representatives Drew Darby, James Keefer and Phil King, reaped benefits in the amounts of $143,865, $340,183 and $113,000 respectively from the industry.
Political sellout in Texas, though, is not a partisan problem; the Democratic primary sponsors of HB40, Rep. Senfronia Thompson and Rep. Rene Oliviera also feed from the oil and gas trough; they're just satisfied with much smaller portions. Thompson and Oliviera only got a paltry $55,401 and $69,600 in campaign money from the industry.
It gets even uglier: When Denton passed its fracking ban, it was sued by two entities, one of which was the Texas Oil and Gas Association, or TxOGA. It was one of TxOGA's lawyers who reportedly helped write HB40. In 2014, TxOGA wrote Abbott a check for $30,000 to add to the $70,000 they've given him over the years. That same year, TxOGA gave Darby, who introduced HB40, $2,500, while giving bill sponsor Fraser $20,000 in 2012. Keffer, another bill sponsor, has been paid $28,500 by TxOGA over past years. TxOGA has also given money to both Thompson and Oliviera in past years. You can only imagine what TxOGA's "contributions" to each of these politicians will be in 2015.
This goes beyond a company giving money to a candidate of its choice - this is an active litigant in court giving money to a group of legislators to pass a bill that they need to win the case, while bankrolling the governor who needs to sign the bill even though doing so directly conflicts with the promises he made to his own constituents.
The hypocrisy is stunning. The only winners in this whole mess are the oil and gas industry. But the citizens of Denton and grassroots activists will continue to fight the undue influence the industry has over democracy in Texas.