Rep. Jamie Raskin demands Justice Clarence Thomas recuse himself from 14th Amendment case on disqualifying Trump from 2024 ballot as Colorado case could head to Supreme Court
- Raskin seems to think action should be taken against Judge Thomas if he doesn't recuse himself from 14th Amendment cases involving Trump's disqualification
- Comes as pressure campaign mounts for Justice to apologize over his wife's actions following the Jan. 6, 2021 Capitol riot
- Colorado challenging Trump's candidacy will likely go to the Supreme Court
Maryland Rep. Jamie Raskin (D) said conservative Supreme Court Justice Clarence Thomas should apologize for not ruling on cases involving former President Donald Trump in the 2024 presidential election.
If he decides not to recuse himself, Raskin suggested actions should be taken to force the judge to prevent him from joining an opinion.
It comes as several states challenge or decide to disqualify Trump from their ballots over his role in the January 6, 2021 Capitol riot.
The Colorado Supreme Court ruled this month that Trump cannot run for president under Clause 3 of the 14th Amendment because he “engaged in insurrection.” Republicans in the state immediately challenged the case and asked the U.S. Supreme Court to take up the case, arguing that Trump cannot be removed from the ballot because he has not been charged with insurrection.
Raskin joins other Democrats who say Judge Thomas cannot fairly decide the case because of his wife Ginni Thomas' comments supporting Trump in the aftermath of the attack on the Capitol and highlighting the claim that the presidential election of 2020 were counterfeit or stolen.
Maryland Democratic Rep. Jamie Raskin appears to think action should be taken against Supreme Court Justice Clarence Thomas if he doesn't recuse himself from 14th Amendment cases disqualifying Donald Trump from the 2024 presidential election
Now, Rep. Raskin is taking it a step further by asking what will happen if Thomas decides not to recuse himself.
“He should — oh, he should absolutely recuse himself,” Raskin told CNN State of the Union host Dana Bash on Sunday, adding, “The question is, what do we do if he doesn't recuse himself?”
He lamented that although the Supreme Court has developed a code of ethics, they once again decide for themselves whether to violate their code of ethics.
The Maryland Democrat said, “Anyone who looks at this case in an impartial, reasonable way would say, if your wife was involved in the 'big lie' and claimed that Donald Trump actually won the presidential election and ran for that and participation in the events leading up to January 6, that you should not participate in a case involving the ex-president.
The Supreme Court has a 6-3 conservative majority — meaning that even if Thomas were to recuse himself, the high court would likely side with Trump and Republicans in keeping him on the ballot.
Three of the nine sitting judges on the court were appointed by Trump; Judges Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
Raskin said the Supreme Court has “urgency” to act when it comes to Colorado's case.
Trump will remain on the Colorado electoral ballot for now — unless the U.S. Supreme Court decides not to hear the appeal or rules that states can remove the ex-president from the 2024 ballot under the 14th Amendment's insurrection clause.
Democrats claim comments and actions by Judge Thomas' wife, Ginni Thomas, “raise serious questions” about her husband's “ability to be or even appear impartial in any cases before the Supreme Court related to the 2020 election and the January 6 uprising
“I think the urgency is for the Supreme Court to act,” Raskin told CNN. “But I think it's going to be difficult for some of them, if they want to keep Trump on the ballot, if they fall for the argument that this is undemocratic.”
He also admitted that removing Trump from the state ballot could only increase his support and give in to his claims that he is a “political martyr.”
Raskin isn't the only one concerned about Thomas' possible future statements on the case.
Eight House Democrats wrote a letter to Thomas on December 15, increasing pressure on him to resign from cases involving the former president in the January 6 Capitol riot.
“We strongly urge you to exercise your discretion and recuse yourself from this and other decisions in the case of United States v. Trump,” Rep. wrote. Hank Johnson, the ranking Democrat on the House Judiciary Committee's Court subcommittee – along with seven other Democrats.
The group argued that Ginni Thomas' actions after the election “raise serious questions” about her husband's “ability to be or even appear impartial in any cases before the Supreme Court involving the 2020 election and the insurrection of 6 January'.