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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.
"Decisions about healthcare belong to patients, their doctors, and their families—not politicians," said Rep. Mark Pocan.
As LGBTQ+ rights advocates prepare for oral arguments in a U.S. Supreme Court case about bans on gender-affirming healthcare for trans youth, 164 members of Congress on Tuesday urged the justices to strike down Tennessee's 2023 law.
Tennessee is one of over two dozen states that has recently banned some or all of such care for trans minors, according to the Movement Advancement Project. In response to challenges from advocacy groups and the Biden administration, the right-wing high court agreed to take the case in June.
Arguments in United States v. Skrmetti are expected in the fall. The justices will decide whether Tennessee Senate Bill 1—which bans surgery, puberty blockers, and hormone treatment for trans youth—violates the Equal Protection Clause of the 14th Amendment to the U.S. Constitution.
Congressional Democrats' new "friend of the court" brief argues that the court "should be highly skeptical of legislation banning safe and effective therapies that comport with the standard of care," and "should carefully examine the deeply troubling role that animosity towards transgender people has played in state legislation."
"The law at issue in this case is motivated by an animus towards the trans community and is part of a cruel, coordinated attack on trans rights by anti-equality extremists."
The amicus brief is led by House Judiciary Committee Ranking Member Jerry Nadler (D-N.Y.), Congressional Equality Caucus Chair Mark Pocan (D-Wis.), Rep. Frank Pallone Jr. (D-N.J.), Sen. Jeff Merkley (D-Ore.), and Senate Health, Education, Labor, and Pensions (HELP) Subcommittee on Primary Health and Retirement Chair Ed Markey (D-Mass.).
"For years, far-right Republicans have been leading constant, relentless, and escalating attacks on transgender Americans," Markey said in a statement. "Their age-old, discriminatory playbook now threatens access to lifesaving, gender-affirming care for more than 100,000 transgender and nonbinary children living in states with these bans if the Supreme Court upholds laws like Tennessee's at the heart of Skrmetti that are fueled by ignorance and hate."
"It takes a special type of cruelty to target children for who they are," he continued. "I am proud to stand with my colleagues against dangerous, transphobic attacks and to reaffirm that our nation's commitment should be to equality and justice for all."
Pocan emphasized that "decisions about healthcare belong to patients, their doctors, and their families—not politicians."
"The law at issue in this case is motivated by an animus towards the trans community and is part of a cruel, coordinated attack on trans rights by anti-equality extremists," he added. "We strongly urge the Supreme Court to uphold the Constitution's promise of equal protection under the law and strike down Tennessee's harmful ban."
The brief is co-signed by another 150 Democrats in the House of Representatives, eight other Democratic senators, and Sen. Bernie Sanders (I-Vt.), who caucuses with the party. It is also supported by the ACLU and the Human Rights Campaign (HRC).
"Thank you to the many members of Congress for standing with transgender and nonbinary youth across our country in asking the Supreme Court to find bans on lifesaving gender-affirming care to be unconstitutional," said HRC vice president of government affairs David Stacy.
"The government should not be able to interfere in decisions that are best made between families and doctors, particularly when that care is necessary and best practice," Stacy stressed. "These bans are dangerous, animated purely by anti-transgender bias, and have forced families to make heartbreaking decisions to support their children."
"This is the 23rd pending emergency application—and the third different EPA rule that applicants are currently asking the justices to block on the shadow docket," noted one legal expert.
Two dozen Republican-led states on Tuesday asked the right-wing U.S. Supreme Court to pause the Biden administration's rule intended to slash methane emissions by nearly 80% over the next decade through new requirements for the oil and gas industry.
Arizona's GOP-controlled legislature and 23 state attorneys general—led by Gentner Drummond, who attended the Oklahoma Gas Association's annual conference on Tuesday—filed the request for emergency action by the nation's highest court after launching the legal battle in March.
The Republican filers claimed in their application that their states "will suffer irreparable harm if this court does not grant a stay" halting the Environmental Protection Agency (EPA) rule, and the policy's "devastating consequences are contrary to the public interest."
Meanwhile, green groups have welcomed the rule but also pushed the Biden administration to go much further, arguing, as Food & Water Watch policy director Jim Walsh said in March, that "the best way to eliminate methane pollution... is to stop fossil fuel drilling, period. In the midst of a climate emergency, we need to take the actions necessary to stop pollution once and for all."
The GOP states' application details the long process that led to the EPA's latest rule on methane, which is more than 80 times more potent than carbon dioxide for its first two decades in the atmosphere. As Courthouse New Service summarized Tuesday:
The EPA began regulating new oil and gas producers in 2016, but the Trump administration rescinded the regulations in 2020. President Joe Biden's EPA repealed the 2020 rules and proposed new standards that would not only reimpose the 2016 standards but also apply those regulations to existing oil and gas sources for the first time.
Biden's standards prohibit all flaring for certain wells, forcing any gas to be recovered, collected, and used for a beneficial purpose. Natural gas pumps will have a zero-emissions standard.
As CNN Supreme Court analyst and University of Texas law professor Steve Vladeck noted, "This is the 23rd pending emergency application—and the third different EPA rule that applicants are currently asking the justices to block on the shadow docket."
"In all three of these cases, the *only* ruling by a lower court was a summary ruling by the D.C. Circuit denying emergency relief; there's been no other litigation," Vladeck explained on social media. "And in all three of those cases, those rulings came from unanimous *and* ideologically diverse D.C. Circuit panels."
In addition to Arizona and Oklahoma, the states behind the request are Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, South Carolina, Utah, Virginia, West Virginia, and Wyoming.
The U.S. Supreme Court's right-wing supermajority has a history of being hostile toward environmental regulations, including with its June ruling in Ohio v. EPA, which was about a policy designed to protect people downwind from smog-forming pollution.
Earthjustice senior vice president Sam Sankar warned at the time that "the court's order puts thousands of lives at risk, forces downwind states to regulate their industries more tightly, and tells big polluters that it's open season on our environmental laws."