Will Clarence and Virginia Thomas kill Obama's health care plan?
In several of the most important areas of constitutional law, Thomas has emerged as an intellectual leader of the Supreme Court...
By Jeffrey Toobin
The New Yorker
It has been, in certain respects, a difficult year for Clarence Thomas. In January, he was compelled to amend several years of the financial-disclosure forms that Supreme Court Justices must file each year. The document requires the Justices to disclose the source of all income earned by their spouses, and Thomas had failed to note that his wife, Virginia, who is known as Ginni, worked as a representative for a Michigan college and at the Heritage Foundation.
The following month, seventy-four members of Congress called on Thomas to recuse himself from any legal challenges to President Obama’s health-care reform, because his wife has been an outspoken opponent of the law. At around the same time, Court observers noted the fifth anniversary of the last time that Thomas had asked a question during an oral argument. The confluence of these events produced the kind of public criticism, and even mockery, that Thomas had largely managed to avoid since his tumultuous arrival on the Court, twenty years ago this fall.
These tempests obscure a larger truth about Thomas: that this year has also been, for him, a moment of triumph. In several of the most important areas of constitutional law, Thomas has emerged as an intellectual leader of the Supreme Court
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