So far, these proposals haven’t gone anywhere, but Gillers notes that there are extant laws circumscribing the ethical behavior of all federal judges, including the Justices. Arguably, Clarence Thomas has edged unusually close to testing them. All judges, even those on the Court, are required to recuse themselves from any case in which their spouse is “a party to the proceeding” or is “an officer, director, or trustee” of an organization that is a party to a case. Ginni Thomas has not been a named party in any case on the Court’s docket; nor is she litigating in any such case. But she has held leadership positions at conservative pressure groups that have either been involved in cases before the Court or have had members engaged in such cases. In 2019, she announced a political project called Crowdsourcers, and said that one of her four partners would be the founder of Project Veritas, James O’Keefe. Project Veritas tries to embarrass progressives by making secret videos of them, and last year petitioned the Court to enjoin Massachusetts from enforcing a state law that bans the surreptitious taping of public officials. Another partner in Crowdsourcers, Ginni Thomas said in her announcement, was Cleta Mitchell, the chairman of the Public Interest Legal Foundation, a conservative election-law nonprofit. It, too, has had business before the Court, filing amicus briefs in cases centering on the democratic process. Thomas also currently serves on the advisory board of the National Association of Scholars, a group promoting conservative values in academia, which has filed an amicus brief before the Court in a potentially groundbreaking affirmative-action lawsuit against Harvard. And, though nobody knew it at the time, Ginni Thomas was an undisclosed paid consultant at the conservative pressure group the Center for Security Policy, when its founder, Frank Gaffney, submitted an amicus brief to the Court supporting Trump’s Muslim travel ban.
Bruce Green, a professor at Fordham specializing in legal ethics, notes, “In the twenty-first century, there’s a feeling that spouses are not joined at the hip.” He concedes, though, that “the appearance” created by Ginni Thomas’s political pursuits “is awful—they look like a mom-and-pop political-hack group, where she does the political stuff and he does the judging.” It’s hard to imagine, he told me, that the couple doesn’t discuss Court cases: “She’s got the ear of a Justice, and surely they talk about their work.” But, from the technical standpoint of judicial ethics, “she’s slightly removed from all these cases—she’s not actually the legal director.” Green feels that the conflict of interest is “close, but not close enough” to require that Thomas recuse himself.
David Luban, a professor of law and philosophy at Georgetown, who specializes in legal ethics, is more concerned. He told me, “If Ginni Thomas is intimately involved—financially or ideologically tied to the litigant—that strikes me as slicing the baloney a little thin.”
When Clarence Thomas met Ginni Lamp, in 1986, he was an ambitious Black conservative in charge of the U.S. Equal Employment Opportunity Commission—and she was even more conservative and better connected than he was. Her father ran a firm that developed housing in and around Omaha, and her parents were Party activists who had formed the backbone of Barry Goldwater’s campaign in Nebraska. The writer Kurt Andersen, who grew up across the street from the family, recalls, “Her parents were the roots of the modern, crazy Republican Party. My parents were Goldwater Republicans, but even they thought the Lamp family was nuts.” Ginni graduated from Creighton University, in Omaha, and then attended law school there. Her parents helped get her a job with a local Republican candidate for Congress, and when he won she followed him to Washington. But, after reportedly flunking the bar exam, she fell in with a cultish self-help group, Lifespring, whose members were encouraged to strip naked and mock one another’s body fat. She eventually broke away, and began working for the Chamber of Commerce, opposing “comparable worth” pay for women. She and Thomas began dating, and in 1987 they married. As a woman clashing with the women’s movement, she had found much in common with Thomas, who opposed causes supported by many Black Americans. At Thomas’s extraordinarily contentious Supreme Court confirmation hearings, in 1991, Anita Hill credibly accused him of having sexually harassed her when she was working at the E.E.O.C. Ginni Thomas later likened the experience to being stuck inside a scalding furnace. Even before then, a friend told the Washington Post, the couple was so bonded that “the one person [Clarence] really listens to is Virginia.”
Ginni Thomas had wanted to run for Congress, but once her husband was on the Supreme Court she reportedly felt professionally stuck. She moved through various jobs, including one at the Heritage Foundation, the conservative think tank. In 2010, she launched her lobbying firm, Liberty Consulting. Her Web site quotes a client saying that she is able to “give access to any door in Washington.”
Four years ago, Ginni Thomas inaugurated the Impact Awards—an annual ceremony to honor “courageous cultural warriors” battling the “radical ideologues on the left” who use “manipulation, mobs and deceit for their ends.” She presented the awards at luncheons paid for by United in Purpose, a nonprofit that mobilizes conservative evangelical voters. Many of the recipients have served on boards or committees with Ginni Thomas, and quite a few have had business in front of the Supreme Court, either filing amicus briefs or submitting petitions asking that the Justices hear cases. At the 2019 event, Ginni Thomas praised one of that year’s recipients, Abby Johnson, a former Planned Parenthood employee who became an anti-abortion activist, for her “riveting indictment of Planned Parenthood’s propagation of lies.” That year, Thomas also gave a prize to Mark Meadows, then a hard-line Republican in Congress, describing him as the leader “in the House right now that we were waiting for.” Meadows, in accepting the award, said, “Ginni was talking about how we ‘team up,’ and we actually have teamed up. And I’m going to give you something you won’t hear anywhere else—we worked through the first five days of the impeachment hearings.”
Thomas’s decision to bestow prizes on Johnson and Meadows underscores the complicated overlaps between her work and her husband’s. In 2020, Johnson, a year after receiving an Impact Award, filed with the Court an amicus brief supporting restrictions on abortion in Louisiana. Last year, Johnson participated in the January 6th protests, and the insurrection has since become the object of much litigation, some of which will likely end up before the Court. Last month, she went on Fox News and said that “a couple of the liberal Justices”—she singled out Justice Sotomayor by name—had been “idiotic” during oral arguments in Dobbs v. Jackson Women’s Health Organization, the Mississippi abortion case now under consideration by the Supreme Court. (Johnson didn’t respond to requests for comment.)
Soon after Ginni Thomas gave Mark Meadows an Impact Award, he became Trump’s chief of staff. This past December, he refused to comply with a subpoena from the House select committee that is investigating the Capitol attack. Cleta Mitchell, who advised Trump on how to contest Biden’s electoral victory, received an Impact Award in 2018. She has moved to block a committee subpoena of her phone records. The House of Representatives recently voted to send the Justice Department a referral recommending that it charge Meadows with criminal contempt of Congress. The same thing may well happen to Mitchell. It seems increasingly likely that some of Ginni Thomas’s Impact Award recipients will end up as parties before the Supreme Court.
The Justice Department has so far charged more than seven hundred people in connection with the insurrection, and Attorney General Merrick Garland has said that the federal government will prosecute people “at any level” who may have instigated the riots—perhaps even Trump. On January 19th, the Supreme Court rejected the former President’s request that it intervene to stop the congressional committee from accessing his records. Justice Thomas was the lone Justice to dissent. (Meadows had filed an amicus brief in support of Trump.) Ginni Thomas, meanwhile, has denounced the very legitimacy of the congressional committee. On December 15th, she and sixty-two other prominent conservatives signed an open letter to Kevin McCarthy, the House Minority Leader, demanding that the House Republican Conference excommunicate Representatives Liz Cheney and Adam Kinzinger for their “egregious” willingness to serve on the committee. The statement was issued by an advocacy group called the Conservative Action Project, of which Ginni Thomas has described herself as an “active” member. The group’s statement excoriated the congressional investigation as a “partisan political persecution” of “private citizens who have done nothing wrong,” and accused the committee of serving “improperly issued subpoenas.”
A current member of the Conservative Action Project told me that Ginni Thomas is part of the group not because of her qualifications but “because she’s married to Clarence.” The member asked to have his name withheld because, he said, Ginni is “volatile” and becomes “edgy” when challenged. He added, “The best word to describe her is ‘tribal.’ You’re either part of her group or you’re the enemy.”