Clarence Thomas told a Republican congressman that US supreme court justices should get a pay raise or “one or more” would quit, prompting “a flurry of activity” among rightwingers because his “importance as a conservative was paramount”, ProPublica said in its latest hard-hitting report on questionable ethics at the high court.
Cliff Stearns, the Florida Republican Thomas spoke to in 2000, told the non-profit newsroom: “We wanted to make sure he felt comfortable in his job and he was being paid properly.”
At the time, a Democratic president, Bill Clinton, would have nominated a replacement if any justice had resigned. Republicans held the Senate, which would have conducted the confirmation.
ProPublica said Thomas spoke to Stearns on a flight after giving a speech at Awakening, a “‘conservative thought weekend’ featuring golf, shooting lessons and aromatherapy along with panel discussions with businessmen and elected officials”, held in Sea Island, Georgia, in January 2000.
Thomas’s trip was paid for by event organisers, ProPublica said, adding that the justice’s reported 11 free trips on his annual disclosure form that year but not the trip to Awakening, “an apparent violation of federal disclosure law”.
Thomas’s finances have come under the spotlight this year, with ProPublica publishing a series of in-depth reports, stirring an ethics scandal.
He took and largely failed to declare gifts from Republican donors including luxury travel and resort stays, school fees and a property purchase.
An arch-conservative on a panel dominated 6-3 by the right, Thomas has been in place since a 1991 confirmation dominated by allegations of sexual harassment.
Responding to reports by ProPublica and other outlets, he has denied wrongdoing and pledged to conform to disclosure rules. Progressives have called for him to resign or be impeached and removed – vanishingly unlikely outcomes with the court in conservative hands and Republicans holding the House and contesting the Senate.
ProPublica said the justice was struggling financially at the time of his conversation with Stearns. The site published a letter dated 11 January 2000 in which the congressman told the justice: “Just a note to let you know how much I enjoyed visiting with you on the flight back from Jacksonville to Dulles.
“I intend to look into a bill to raise the salaries of members of the supreme court. As we agreed, it is worth a lot to Americans to have the constitution properly interpreted. We must have the proper incentives here, too.”
Stearns quoted the philosopher Immanuel Kant, telling Thomas to “have patience awhile; slanders are not long-lived”.
On Monday, responses to the ProPublica story included the former MSNBC host Keith Olbermann calling Thomas a “loyal judicial prostitute”.
Stearns sought help from a lobbying firm and spoke in the House. Thomas’s suggestion that resignations might be imminent reached judicial administrators. The then chief justice, William Rehnquist, said in his annual report: “The most pressing issue facing the judiciary: the need to increase judicial salaries”.
Mitch McConnell, a Republican senator from Kentucky (now minority leader), proposed removing a ban on paid speeches by justices. That effort failed, and supreme court salaries have not changed, bar keeping up with inflation.
But ProPublica also reported that “during his second decade on the court, Thomas’ financial situation appears to have markedly improved.” The justice received a $1.5m advance for his memoir and gifts from rich individuals.
In a public appearance in June 2019, Thomas was asked about court salaries.
“Oh goodness, I think it’s plenty,” Thomas said. “My wife [the rightwing activist Ginni Thomas] and I are doing fine. We don’t live extravagantly, but we are fine.”
ProPublica said: “A few weeks later, Thomas boarded [the mega-donor Harlan] Crow’s private jet to head to Indonesia. He and his wife were off on vacation, an island cruise on Crow’s 162ft yacht.”
In a statement, Caroline Ciccone, president of the watchdog Accountable.US, said the ProPublica report showed again how Thomas “has long seen his position on our nation’s highest court as a way to upgrade his own lifestyle”.
Ciccone said: “When the court itself wasn’t providing him with the luxury perks he wanted, his billionaire benefactor social circle stepped in to make it happen.
“Justice Thomas, Harlan Crow, Leonard Leo [of the Federalist Society, a key figure in rightwing activism around the US judiciary] and other key players in this corruption crisis may believe they exist above the law – but they don’t. With public trust at record lows, it’s far past time to restore credibility and integrity to our high court.”
