The Supremes?

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One set of pictures above is a set of an American icons, a symbol of American upward mobility, unique culture, the product of hard work, rising above the rest and sheer excellence. The other isn’t. The strange truth, regardless on which side of the political spectrum you may be, I do not have to tell you which is which. Indeed, you might welcome judges who enter the courthouse determined to use religious or highly divisive political beliefs as their reference point above all else, but that does require a dramatic abandonment of judicial neutrality. Add in the emoluments that some US Supreme Court justices enjoy, free from ethical rules that apply to every other federal judge in the United States, and you have ultimate confirmation that Donald Trump is correct: The American federal judicial system is rigged.

In mid-May, the “blame it on my wife, but that’s not me” excuse was used by US Supreme Court Associate Justice, Samuel Alito, when a recently released photograph outside Alito’s home taken in 2021 (see above) displayed the clearly intentional symbol of the MAGA right’s “stop the steal” upside-down American flag. When queried, Alito simply responded that his wife, Martha-Anne, was responding to a neighbor’s anti-Trump sign. The flag clearly did not distinguish precisely who put it up, but the message was unequivocal.

More Alito flags? How about outside his NY beach house last summer? This time, it was the “Appeal to Heaven” flag, which, like the inverted U.S. flag, was lofted by rioters at the Capitol on Jan. 6th. Known as the Pine Tree flag, it dates back to the Revolutionary War and is now a symbol of support for former President Donald J. Trump, a religious “Stop the Steal” symbol, a cry to remake American government in Christian terms. Being a partisan judge legitimized.

This ethical lapse was in political messaging. Samuel Alito also had no trouble accepting a luxury vacation to Alaska (at an upscale fishing lodge that charged more than $1,000 a day) provided by Paul Singer, a hedge fund billionaire who has repeatedly asked the Supreme Court to rule in his favor in high-stakes business disputes. Alito just does not seem to be able to stop.

After an April 1, 2023, March Madness Bud Lite promotion with a trans influencer named Dylan Mulvaney (with more than 10 million followers on TikTok and nearly 2 million on Instagram), a conservative backlash caused their stock to drop. Once again, Alito could not help but make a political statement – unequivocally anti-trans – by openly selling his Anheuser-Busch stock and buying shares in competitor Molson Coors. Hard to keep him from publicizing the biases he uses to issue decisions. But wait, there’s so much more.

Days after the presidential election, Virginia “Ginny” Thomas (US Supreme Court Associate Justice, Clarence Thomas’s wife), began an at least 29 text-message exchange (the only texts which were released) between November 2020 and January 2021 with then White House Chief of Staff, Mark Meadows, all to “stop the steal.” Texts like this one: "Help This Great President stand firm, Mark!!! ... You are the leader, with him, who is standing for America's constitutional governance at the precipice. The majority knows Biden and the Left is attempting the greatest Heist of our History.” Justice Thomas invoked the “blame it on my wife, but that’s not me” excuse.

Clarence Thomas’ escapades and lucrative financial benefits (real estate/motorhome and “tuition” gifts for family hanky-panky) and years of super-luxury travel are no secret. “ProPublica is a nonprofit investigative journalism news outlet that first reported Thomas’s undisclosed gifts from American real-estate developer and Republican donor Harlan Crow in April [2023]. The extensive list of freebies from Crow includes vacations on his superyacht, flights on his private jet, frequent all-paid luxury trips, and regular visits to Crow’s private resort in the Adirondacks.

“With few exceptions, federal laws require Supreme Court justices to disclose any gifts they or their immediate families receive that are worth more than $415 in annual filings. The aim is to promote transparency and trust in America’s highest court and prevent any individual or group from buying their influence on the court… However, there has been little to no enforcement of this rule. The Supreme Court lacks a binding code of ethics, unlike lower courts and the executive and legislative branches. But there was a tightening of standards in March [2023. Soon after, the details of Thomas and Crow’s connection came to light.

“Under the stricter rules, justices must disclose more of their activities, including free trips, air travel, and stays at commercial properties like hotels, resorts, or hunting lodges, the New York Times reported. How these changes will be overseen and enforced remains unclear.” Fortune Magazine, August 10, 2023. Indeed, there are several MAGA or not-MAGA cases wending their way to the Supreme Court, from the former-President’s quest for a very broad view of presidential immunity to the defendants (including Trump) in the January 6, 2021, insurrection accused of “corruptly obstructing Congress’s certification of the electoral count.” Despite the obvious and most blatant evidence of Justices Thomas’ and Alito’s likely judicial bias, which would make any other federal just recuse himself or herself from hearing such cases, these two Supreme Court Justices “blame” their wives and refuse to recuse themselves. It stinks.

Over the years, approval polls of the US Supreme Court have reached a high close to 60% as recently as 2020 to a historical low of 38% this year. With lifetime appointments and Congressional impeachment and conviction as the only constitutional or statutory basis for removal from the high court’s bench, corruption and bias seem to be baked into the system: our extreme polarization seems to tell us that this removal process is all but impossible. The Court needs reform, no matter which political affiliation is in power.

We are watching political appointments to the Court of individuals who are far younger than past practices, very much reinforcing the toxicity of lifetime appointments. We need term limits, enforceable ethics provisions that can remove a Supreme Court Justice for likely bias or corruption, and more Justices with staggered terms to support judicial integrity and neutrality. 

I’m Peter Dekom, and as any autocrat knows, democracy cannot survive a judiciary that lacks integrity and ironclad ethical guardrails.