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Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, privately heaped praise on a major religious-rights group for fighting efforts to reform the nation’s highest court — efforts sparked, in large part, by her husband’s ethical lapses.

Thomas expressed her appreciation in an email sent to Kelly Shackelford, an influential litigator whose clients have won cases at the Supreme Court. Shackelford runs the First Liberty Institute, a $25 million-a-year organization that describes itself as “the largest legal organization in the nation dedicated exclusively to defending religious liberty for all Americans.”

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Thomas wrote that First Liberty’s opposition to court-reform proposals gave a boost to certain judges. According to Shackelford, Thomas wrote in all caps: “YOU GUYS HAVE FILLED THE SAILS OF MANY JUDGES. CAN I JUST TELL YOU, THANK YOU SO, SO, SO MUCH.”

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Shackelford attacked Justice Elena Kagan as “treasonous” and “disloyal” after she endorsed an enforcement mechanism for the court’s newly adopted ethics code in a recent public appearance. He said that such an ethics code would “destroy the independence of the judiciary.” (This past weekend, Justice Ketanji Brown Jackson said she too was open to an enforceable ethics code for the Supreme Court.)

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This is not the first time that a spouse of a Supreme Court justice injected themselves into controversial political matters. Ginni Thomas sent dozens of messages after the 2020 election that echoed then-President Donald Trump’s baseless claims of election fraud. In messages to then-White House chief of staff Mark Meadows, Thomas said “Biden and the Left is attempting the greatest Heist of our History” and urged Trump to not concede the election. In emails to Arizona and Wisconsin lawmakers, she pleaded with them to fight back against supposed fraud and send a “clean slate of Electors.” She later wrote, “The nation’s eyes are on you now. … Please consider what will happen to the nation we all love if you do not stand up and lead.”

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Martha-Ann Alito, the wife of Justice Samuel Alito, faced scrutiny for flying an upside-down American flag at the family’s Virginia home — a symbol used by the Stop the Steal movement that claimed the 2020 election had been stolen from Trump. The flag flew outside the Alito home as the Supreme Court was deciding whether to hear a case related to the 2020 election. (Samuel Alito told The New York Times he had no role in flying the flag. He said his wife did it in response to “a neighbor’s use of objectionable and personally insulting language on yard signs.”)

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Near the start of the Biden presidency, [Shackelford] said, First Liberty raised $3 million to run a campaign that sought to block efforts to add more justices to the high court and to reform or eliminate the filibuster in the U.S. Senate. Getting rid of the filibuster then would’ve removed the 60-vote procedural hurdle that currently exists for most types of legislation.

According to Shackelford, First Liberty conducted polling, ran advertisements, worked with social media influencers and urged Congress to oppose these changes. In particular, Shackelford said, his group focused its activities on convincing Democratic Sens. Joe Manchin and Kyrsten Sinema to oppose filibuster reform.

In the end, both senators did just that. “We stopped this from happening,” Shackelford said. (Spokespeople for Manchin and Sinema did not respond to requests for comment.)

But now, he went on, First Liberty needed more money if it wanted to mount a similar campaign to stop Supreme Court reform. He mentioned the Brennan Center’s recent $30 million gift and then asked, “Where’s our, you know, $10 million guy or gal?”

  • Storksforlegs@beehaw.org
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    3 months ago

    Thomas is essentially the embodiment of the Republican shift from Reagan to Trump. She personally has worked to institutionalize all of the very worst elements of conservatism.

    Leeja Miller (legal youtuber) put out a very good video covering Ginni Thomas’ history of political fuckery: https://youtu.be/0axZlH1okOc?si=J-6fv-YqhFdCXZdy