The wife of Supreme Court Justice Clarence Thomas asked to have her name removed from a memo that called the president’s health care overhaul “unconstitutional,” as she distanced herself from an issue that may come before the court.
Virginia Thomas’ name appeared on the memo by mistake, according to a statement issued by Liberty Central, the nonprofit group she founded to support the Tea Party movement. The group that issued the memo has removed Thomas’ name, Liberty Central chief operating officer Sarah Field said in the statement.
“Liberty Central assiduously avoids taking a position on the constitutionality of this and other issues and will continue to do so in the future,” Field said.
Thomas was in the news earlier this week after she left a voice-mail message for Anita Hill, the woman whose sexual-harassment allegations almost derailed Clarence Thomas’ 1991 high-court nomination, asking for an apology.
Liberty Central on Thursday also changed the attribution of a health care position paper on its website and then removed it entirely. A “corrected” version of the article had been attributed to former New York Lt. Gov. Betsy McCaughey. It said the Constitution “does not permit” one aspect of the overhaul. Liberty Central said it removed the article entirely “to eliminate any confusion or misinterpretation.”
The incidents underscore the balance Thomas may have to strike as she increases her political activism, touching on topics the Supreme Court could consider.
While judicial conflict-of-interest rules don’t cover her, she could undercut the court’s credibility by commenting on legal issues, said Stephen Gillers, a legal-ethics specialist who teaches at New York University School of Law.
“Mrs. Thomas will surely cause concern if she takes a strong public position on legal issues that are likely to come before her husband,” Gillers said. “The public may believe that he cannot help but be influenced by her vocal and publicly expressed position.”
