Justice Clarence Thomas should have recused from a Jan. 6-related case to avoid an appearance of a conflict of interest after his wife sent texts to a former Trump White House official urging overturning the 2020 election results, according to several judicial experts.

“This is not your run-of-the-mill close call. … This is as far beyond the line as any Supreme Court recusal question I have seen, and I’ve studied Supreme Court recusal all the way back to Marbury v. Madison,” said James Sample, a law professor at Hofstra University. “There is an order of magnitude of severity here that is arguably unprecedented.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]