Rep. Watson Coleman Calls on Justice Thomas to Recuse Himself from Moore v. Harper

WASHINGTON, D.C. (December 6, 2022) — With the Supreme Court set to hear oral arguments in Moore v. Harper, a case that threatens the future of free and fair elections, Congresswoman Bonnie Watson Coleman (NJ-12) called on Justice Clarence Thomas to recuse himself from the case.     

By invoking the discredited “independent state legislature doctrine,” the petitioners in Moore v. Harper will argue that the Supreme Court must uphold North Carolina’s unconstitutionally gerrymandered congressional map. If the Court sides with the plaintiffs, state legislatures, not judges, governors, or election officials, will have the power to control how elections are run.      

Justice Clarence Thomas’ wife, Virginia “Ginni” Thomas played a key role in efforts to overturn the results of the 2020 presidential election. Following that election, Ginni Thomas corresponded with lawyer John Eastman, who led efforts to coerce then-Vice President Mike Pence to overturn the election results and is an advocate for independent state legislature theory.    

Along with Senate Judiciary Committee Chair Dick Durbin, other Members of Congress, and judicial ethics experts, Congresswoman Watson Coleman has expressed concerns that Justice Thomas’ connection to Ginni Thomas presents a conflict of interest in cases related to election integrity. Ginni Thomas’ influence on her husband’s work is well-documented.   

Regarding Justice Thomas’ conflict of interest, Congresswoman Watson Coleman issued the following statement:       

“Deciding a case with such dire implications for voter access to free elections while married to a woman who attempted to overturn a presidential election is a flagrant violation of judicial ethics. The petitioners in Moore v. Harper plan to use the same bogus legal reasoning that Ginni Thomas used in her own efforts to subvert the will of the people.     

“That the Supreme Court has even chosen to hear arguments today is further proof that the once-venerated institution has become captured by far-right interests. Even traditionally conservative legal experts, such as former Bush-appointed federal judge J. Michael Luttig, agree that the so-called ‘independent state legislature theory’ is completely devoid of legal merit. This case is merely a power grab by those who wish to silence the voice of the people in favor of granting hyper-partisan state legislatures free reign over election administration.        

“Over the last year, the Supreme Court has demonstrated in case after case that it has become an overtly political institution. It is no surprise that public trust in the Court has hit an all-time low. To prevent faith in our nation’s highest legal body from slipping even further, Justice Thomas must recuse himself from this case.       

“What I ask of Justice Thomas is no extreme demand. Rather, I simply ask that he fulfill his ethical and moral obligation as a public servant. The Court’s legitimacy — not to mention American democracy itself — depends on it.”