Report: Clarence Thomas secretly attended Koch summit fundraisers
- ProPublica first reported the undisclosed appearances
- Thomas has not recused himself from cases involving the Koch network
- An upcoming Koch case could overturn a decades-old precedent on regulation
Associate Justice Clarence Thomas joins other members of the Supreme Court as they pose for a new group portrait, at the Supreme Court building in Washington, Friday, Oct. 7, 2022. Justice Thomas was nominated by President George H. W. Bush to succeed Justice Thurgood Marshall and has served since 1991. (AP Photo/J. Scott Applewhite)
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(NewsNation) — Supreme Court Justice Clarence Thomas secretly attended donor events for the conservative Koch network, according to new reporting from ProPublica.
According to former staffers, Thomas attended Koch events as a draw for wealthy conservative donors. The trips were not declared on his financial disclosure forms despite the Koch network being involved in cases that have appeared before the Supreme Court. He also did not recuse himself from those cases.
The Koch network gathers wealthy donors and has a large operation dedicated to championing conservative causes, including advocacy work to eliminate Republican support for combatting climate change.
One cause championed by the Koch network is an upcoming case that could overturn a decades-old precedent that gives government agencies power when it comes to regulation. If the 1984 decision in Chevron v. NRDC is overturned, it would give courts more power to limit the regulatory actions of government agencies.
Koch staff are representing plaintiffs in the case. Thomas once supported the Court’s decision in Chevron, even expanding the case’s protections in a 2005 opinion. Since then, however, he reversed his views, writing in 2020 that the decision in Chevron was unconstitutional.
While lower court judges are bound by codes of conduct that don’t allow them to participate in political or fundraising events, Supreme Court Justices are allowed to make their own determinations about what is appropriate.
In addition to his appearance at Koch network events, wealthy donors also had access to Thomas at an exclusive, all-male retreat known as Bohemian Grove. Thomas attended the Grove as a guest of billionaire Harlan Crowe. The organization is known for secrecy, but ProPublica reported Thomas developed his bond with the Kochs through the event.
Previous reporting from ProPublica revealed Thomas had also received undisclosed gifts from wealthy donors. After the information was made public, members of Congress pushed the Supreme Court to establish more robust ethical guidelines, which Chief Justice John Roberts has resisted.
Read the full ProPublica report here.
