Arguable whether he should have recused. According to SC
Posted on: March 25, 2022 at 09:25:07 CT
TigerJackSwartz
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'The Due Process Clause incorporated the common-law rule requiring recusal when a judge has “a direct, personal, substantial, pecuniary interest” in a case, Tumey v. Ohio, 273 U. S. 510 , but this Court has also identified additional instances which, as an objective matter, require recusal where “the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable,” Withrow v. Larkin, 421 U. S. 35 .'
Does the fact that Thomas' wife sent texts which were clearly overtly political, and would obviously attract media attention, related to an ongoing Congressional inquiry, meet the threshold for probability of bias or substantial interest?
I think you could argue it both ways, but it is arguable enough it probably merits an explanation by Clarence Thomas as to his analysis.