Is Ginni Thomas a Threat to the Supreme Court? - 2022-01-20

The claim that the Justices' opinions are politically neutral is becoming increasingly hard to accept, especially from Thomas, whose wife, Virginia (Ginni) Thomas, is a vocal right-wing activist. She has declared that America is in existential danger because of the "deep state" and the "fascist left," which includes "transsexual fascists." Thomas, a lawyer who runs a small political-lobbying firm, Liberty Consulting, has become a prominent member of various hard-line groups. Her political activism has caused controversy for years. For the most part, it has been dismissed as the harmless action of an independent spouse. But now the Court appears likely to secure victories for her allies in a number of highly polarizing cases—on abortion, affirmative action, and gun rights.
Many Americans first became aware of Ginni Thomas's activism on January 6, 2021. That morning, before the Stop the Steal rally in Washington, D.C., turned into an assault on the Capitol resulting in the deaths of at least five people, she cheered on the supporters of President Donald Trump who had gathered to overturn Biden's election. In a Facebook post that went viral, she linked to a news item about the protest, writing, "LOVE MAGA people!!!!" Shortly afterward, she posted about Ronald Reagan's famous "A Time for Choosing" speech. Her next status update said, "GOD BLESS EACH OF YOU STANDING UP or PRAYING." Two days after the insurrection, she added a disclaimer to her feed, noting that she'd written the posts "before violence in US Capitol." (The posts are no longer public.)
Later that January, the Washington Post revealed that she had also been agitating about Trump's loss on a private Listserv, Thomas Clerk World, which includes former law clerks of Justice Thomas's. The online discussion had been contentious. John Eastman, a former Thomas clerk and a key instigator of the lie that Trump actually won in 2020, was on the same side as Ginni Thomas, and he drew rebukes. According to the Post, Thomas eventually apologized to the group for causing internal rancor. Artemus Ward, a political scientist at Northern Illinois University and a co-author of "Sorcerers' Apprentices," a history of Supreme Court clerks, believes that the incident confirmed her outsized role. "Virginia Thomas has direct access to Thomas's clerks," Ward said. Clarence Thomas is now the Court's senior member, having served for thirty years, and Ward estimates that there are "something like a hundred and twenty people on that Listserv." In Ward's view, they comprise "an élite right-wing commando movement." Justice Thomas, he says, doesn't post on the Listserv, but his wife "is advocating for things directly." Ward added, "It's unprecedented. I have never seen a Justice's wife as involved."
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