Will Clarence and Virginia Thomas succeed in killing Obama's health-care plan?

by Jeffrey Toobin
AUGUST 29, 2011

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. Since the arrival of Chief 
Justice John G. Roberts, Jr., in 2005, and Justice Samuel A. Alito, 
Jr., in 2006, the Court has moved to the right when it comes to the 
free-speech rights of corporations, the rights of gun owners, and, 
potentially, the powers of the federal government; in each of these 
areas, the majority has followed where Thomas has been leading for a 
decade or more. Rarely has a Supreme Court Justice enjoyed such broad 
or significant vindication.

...

http://www.newyorker.com/reporting/2011/08/29/110829fa_fact_toobin

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