Clarence Thomas Learned Corruption from the Master

In news that should surprise no one, Scalia Cheney engaged in virtually identical corrupt behavior, and engaged in a virtually identical defense of the indefensible.

In recent years, Justice Clarence Thomas’s fondness for taking luxury vacations on billionaire-owned superyachts has made Supreme Court ethics reform perhaps the single easiest campaign promise for Democratic politicians to make. But two decades ago, the real-world particulars of Supreme Court conflict-of-interest scandals were smaller in scale: for example, the physical proximity of Justice Antonin Scalia to Vice President Dick Cheney when the two men were sitting in duck blinds, shotguns in hand, waiting to kill some birds.

The saga began in January 2004, shortly after Cheney and Scalia—good friends since their time working together in the Ford administration—traveled to Louisiana for an annual duck hunt hosted by an acquaintance of Scalia’s. Cheney invited Scalia to join him on a government plane for the flight from Washington; Scalia, along with his son and son-in-law, accepted.

The objectionable part of this story (legally speaking, I mean) was that several weeks earlier, the Court had granted certiorari in a case about whether Cheney had to disclose details about clandestine meetings with fossil fuels executives while he was leading a task force responsible for the Bush administration’s energy policy. The Sierra Club had argued that Scalia, fresh off a vacation with the vice president and a free flight on Air Force Two, should recuse himself from the case, on the grounds that his impartiality “might reasonably be questioned.”

Scalia refused, however, releasing a 21-page memo in which he assured the public that he and Cheney had not discussed the case, and had never even been alone together—in duck blinds or otherwise—during the entirety of the trip. After running through a brief history of social relationships between Supreme Court justices and elected officials, from poker games to dinner parties to Chief Justice Harlan F. Stone’s early-morning medicine-ball workouts with members of the Hoover administration, Scalia asserted that a rule requiring the justices to recuse themselves from cases involving their famous friends would be “utterly disabling.”

Gee, it sounds awfully familiar.

Scalia did, as Thomas, Alito, and Roberts do, found press coverage of corruption to be the real problem.