Seventy-four House Democrats are asking Supreme Court Justice Clarence Thomas to recuse himself from any health care reform cases, citing reports that his wife financially benefited from efforts to repeal the legislation.
The members, led by Rep. Anthony Weiner (D-N.Y.), ask that he “maintain the integrity of this court.”
“The appearance of a conflict of interest merits recusal under federal law. From what we have already seen, the line between your impartiality and you and your wife's financial stake in the overturn of healthcare reform is blurred,” the members wrote.
They cite Thomas’s wife, Virginia, advertising herself as a lobbyist who has “experience and connections” and appeals to clients who want to overturn health reform.
They also say Thomas did not disclose his wife’s receipt of $686,589 from the Heritage Foundation between 2003 and 2006.
There are several lawsuits challenging the health care reform law’s so-called individual mandate. Three cases are already docketed for oral arguments at the appellate court level. The Supreme Court is widely expected to take up the issue.
The signers of the letter include: Reps. Al Green, EB Johnson, Wm. Lacy Clay, Carnahan, Sheila Jackson-Lee, Karen Bass, Neal, Welch, Chu, Yarmuth, Sutton, Perlmutter, Connolly, Kucinich, Meeks, Schwartz, Doggett, Moore, Polis, Waters, Payne, Rush, Cohen, Crowley, Engel, Cicilline, Susan Davis, Sires, Doyle, Slaughter, McDermott, Velazquez, Garamendi, Carson, Capuano, Berkley, Wasserman Schultz, Tim Bishop, Barbara Lee, Courtney, DeLauro, Conyers, John Larson, George Miller, Boswell, Edwards, Capps, Becerra, Deutch, Israel, Owens, Richardson, Clarke, Hirono, Ackerman, Ellison, Grijalva, Chris Murphy, Woolsey, DeFazio, Jesse Jackson Jr, Reyes, Maloney, Andrews, Pascrell, Filner, Tonko, Fudge, Hinchey, Honda, Eshoo, Pallone, Stark
The move comes after Republicans have floated similar concerns about the impartiality of Justice Elena Kagan, who was solicitor general during the health debate.