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Disclosure Rule Revision Displays Judiciary’s Commitment To Backing The Black

Despite the unfortunate pun, there's no better way to describe it.

on September 26, 2024

(Photo by Alex Wong/Getty Images… with slight edit)

Backing the Blue is more than just a rallying cry to support the police — it is an ethos that retroactively makes right any previous wrongs. Reports say that people don’t respect officers as much as they used to? Back the Blue. Studies show that the police have a low public confidence rating because of their cruel treatment of women and minorities? Back the Blue. Waves of really bad PR after viral video shows a cop pushing down an old man who cracks his head on the pavement, only for another officer to prevent the first cop from rendering aid? They’ll investigate themselves and find no wrongdoing. BACK THE BLUE.

As if to stop the Executive from having all of the fun, the U.S. Judicial Conference Committee on Financial Disclosure’s recent rule revision looks like a prime example of Backing the Black (robes, that is). Yes —  Clarence Thomas is the figure head offender —  but this revision extends to every robed gavel getting gifts from billionaires. Reuters has coverage:

U.S. Supreme Court justices and federal judges on lower courts do not have to publicly disclose when they dine or stay at someone’s personal residence, even one owned by a business entity, under a revised ethics rule.

The amended policy was issued on Monday by the U.S. Judicial Conference’s Committee on Financial Disclosure, which sets rules followed by the nine justices and other federal judges. Critics said the move diluted ethics requirements.

If you’re thinking that this change retroactively rights a bunch of Thomas’s previous gift controversies, you aren’t the only one. Gabe Roth took to Fix The Court to break down some of the prior expenditures SCOTUS & Co. want you to believe don’t warrant a second look:

Here are some places with corporate ownership where Justice Thomas has received gifts since ascending to the high court:

  •  Mill Creek Farm (multiple years), owned by CFH Mill Creek Company, L.P., located in East Texas (unsure of corporate structure but Harlan Crow appears to control)
  • Camp Topridge (multiple years), owned by Topridge Holdings, LLC, located in Upstate New York (Crow)
  • The Michaela Rose (multiple years), owned by Crow Holdings, LLC, docked who knows where now (Crow)

Let’s assume each counts as a “personal residence” of Crow under the regs since Crow spends the night at each over the course of the year, and assume that none (save the Michaela Rose from 2003-15) is rented out to the public.

When Justice Thomas stays for free at these places, does he now get to avail himself of the personal hospitality exemption? Seems like it.

Years ago, Thomas lamented that being a judge on the highest court meant that he might have to give up his prestigious six-figure gig for a more lucrative six-figure gig. The “sure would be a shame-ing” was followed by him receiving millions in underreported goodies from influential millionaires and billionaires. While he might not have the salary his heart desired, a surplus of generous donors and colleagues that can codify his dependency on charity are just as good! Let’s take a moment of silence to honor Clarence and the Court’s sacrifices. Sure, no one takes them seriously anymore, but now hundreds of judges can flock to monied Crows and Crow LLCs without fearing transparency guidelines that let the public know where conflicts of interest may pop up.

US Supreme Court Justices, Other Judges Can Stay At Corporate-Owned Homes Without Disclosure [Reuters]
Judicial Conference Issues New Financial Disclosure Rule. Who Benefits? [Fix The Court]

Earlier: Paragon Of Virtue Clarence Thomas Has Been Given Half Million In Value Off The Record And It Totally Hasn’t Impacted His Judging. Not One Bit. Nope.
Clarence Thomas Thinks He Was Practically Forced To Take All That Under The Table Money
Clarence Thomas Took EVEN MORE Free Trips On Private Planes That He’s Still Not Disclosed!
Clarence Thomas Turned Supreme Court Service Into An ATM Machine
Harvard Law Professor Argues That The Supreme Court No Longer Cares About Its Own ‘Legitimacy.’ What Now?

Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.