Ginni Thomas’ activism on matters that come before her husband raises
thorny ethical issues. Federal law requires justices to recuse themselves from any proceeding in which their “impartiality might reasonably be questioned.”
It also compels justices to recuse if their spouse has “an interest that could be substantially affected by the outcome” of the case. In the coming months and years, Democrats will likely pressure Clarence Thomas to recuse himself from high-profile cases or to resign altogether. If Thomas steps down under Biden, progressives can restore a 5–4 divide on the Supreme Court, giving Chief Justice John Roberts control once again.
Given Thomas’ staunch refusal to recuse thus far, though, there is little chance that he will take any steps to remediate his conflicts of interest, let alone retire during the presidency of a man he openly despises.