Thomas: SCOTUS Leak Will Weaken Trust
Justice Clarence Thomas lamented the leak of the draft, claiming that it will destroy trust in the institution.
From Daily Mail. Justice Clarence Thomas on Friday compared the leak of fellow Justice’s Samuel Alito’s draft opinion, which would overturn abortion protections under Roe v Wade, to ‘infidelity.’
Thomas, 73, said at a conference that the leak would weaken the public’s trust in the Supreme Court as an institution, calling the unauthorized disclosure of deliberations ‘tremendously bad.’
In his remarks, the conservative justice, who has long called for overturning Roe, hinted that a liberal clerk may have leaked Alito’s draft opinion, and lamented that partisan rancor has grown more entrenched on the high court.
Thomas pondered: ‘I wonder how long we’re going to have these institutions at the rate we’re undermining them, and then I wonder when they’re gone or destabilized what we will have as a country and I don’t think the prospects are good if we continue to lose them.’
He continued: ‘When you lose that trust, especially in the institution that I’m in, it changes the institution fundamentally. You begin to look over your shoulder. It’s like kind of an infidelity – that you can explain it but you can’t undo it,’ reports Politico.
Thomas, a nominee of President George H.W. Bush, said it was beyond ‘anyone’s imagination’ before the May 2 leak of the opinion that even a line of a draft opinion would be released in advance, much less an entire draft that runs nearly 100 pages.
Thomas was speaking at the Old Parkland Conference, a meeting of black conservatives, in Dallas where he was Friday’s keynote speaker.
Following his speech, Thomas sat for a questions and answers session with John Yoo of Berkeley Law School.
He also hinted that the atmosphere on the court had changed for the worse since he was confirmed in 1991, and suggested that a liberal justice’s clerk could be behind the leak.
Thomas said: ‘This is not the court of that era. I sat with (famously liberal justice) Ruth Ginsburg for almost 30 years and she was actually an easy colleague to deal with… We may have been a dysfunctional family, but we were a family.’
‘Anybody who would, for example, have an attitude to leak documents, that is your general attitude, that is your future on the bench.’
Thomas also touched in passing on the protests by liberals at conservative justices’ homes in Maryland and Virginia that followed the draft opinion’s release. Thomas argued that conservatives have never acted that way.
‘You would never visit Supreme Court justices’ houses when things didn´t go our way. We didn´t throw temper tantrums. I think it is … incumbent on us to always act appropriately and not to repay tit for tat,’ he said….
Despite his comments on Friday, Thomas seemed in good spirits, laughing heartily at times.
Yoo, who is known for writing the so-called ‘torture memos’ that the George W. Bush administration used to justify using ‘enhanced interrogation’ techniques after the Sept. 11 terror attacks, said at one point that he had taken pictures of notes Thomas had taken during the conference.
‘You’re going to leak them?’ Thomas asked, laughing.
Yoo responded: ‘Well, I know where to go…Politico will publish anything I give them now….’
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(Excerpt from Daily Mail. Photo Credit: Getty Images)
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