Monday, May 22, 2023

Justice Thomas and the January 6th Cases

Gerard N. Magliocca

Last year, Ginni Thomas was questioned by the January 6th Committee about her involvement with some groups that sought to challenge the presidential election result in 2020. As a result, some argue that Justice Thomas should recuse himself from any cases that flow directly from the events of January 6th, 2021. Up until now, though, this was an academic question.

Not anymore. Couy Griffin, the New Mexico County Commissioner who was disqualified from office for violating Section Three of the Fourteenth Amendment on January 6th, has filed a certiorari petition. Leave aside whether the petition has merit (It doesn't). The more interesting question is whether Justice Thomas will participate in the disposition of Griffin's petition. This will tell us whether he intends to recuse from any or all such cases in the future.   


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