skip to main content

US Supreme Court Justice Thomas' career marked by controversies

Justice Clarence Thomas poses for an official portrait at the East Conference Room of the Supreme Court building on October 2022
Justice Clarence Thomas poses for an official portrait at the East Conference Room of the Supreme Court building on October 2022

Clarence Thomas' career as a US Supreme Court justice began following one of the most contentious confirmation battles in Senate history and 32 years later this conservative champion continues to draw controversy.

Yesterday, Senate Democrats called for an investigation after a report by ProPublica said the 74-year-old associate justice has spent decades taking luxury trips around the world financed by a Dallas businessman - trips that were not disclosed under federal law.

Today, Justice Thomas said in a statement that he was advised that the "personal hospitality" provided by Harlan Crow was not reportable under disclosure rules. But he said he would abide by new, tighter rules that recently took effect.

As one of the most conservative justices in a conservative-heavy Supreme Court, Justice Thomas has been a lightning rod for liberals who have been frustrated by his rulings and his tone.

Just last summer, Justice Thomas sparked an uproar on the heels of the Supreme Court overturning the landmark Roe v. Wade ruling, which established the right to abortion.

Amid outrage among Democrats in Congress, Justice Thomas said Supreme Court precedents protecting rights to contraception, same-sex intimacy and gay marriage ought to be reconsidered in future cases.

Justice Thomas, only the second black justice to serve on the highest US court, is known for not shying away from controversy, despite an almost Sphinx-like demeanor during Supreme Court sessions.

Unlike most of his fellow justices, he is known for rarely taking part in aggressive questioning of lawyers arguing cases.

He has long rankled civil rights activists for his opposition to affirmative action in college admissions and hiring practices.

But nowhere was his steely constitution more on display than during his 1991 confirmation hearings conducted by the Senate Judiciary Committee. The proceedings were chaired by a then 49-year-old Democratic senator named Joe Biden.

Anita Hill, a black law school professor who previously worked for Justice Thomas at the US Department of Education and the US Equal Employment Opportunity Commission, accused Justice Thomas of workplace sexual harassment.

The all-white Judiciary Committee at the time pressed Ms Hill on her testimony, forcing her to provide lurid details in nationally-televised hearings.

Justice Thomas fought back, calling the proceedings "a circus" and "a national disgrace," adding that he was the victim of "a high-tech lynching for uppity blacks".

In the end, the Senate confirmed Justice Thomas in what was then an unusually close vote of 52-48.

Now, 32 years into his tenure and approaching former Justice William Douglas' longevity record of over 36 years on the bench, Justice Thomas finds himself at the centre of multiple controversies.

In addition to the ProPublica allegations, he is being urged to recuse himself from any potential cases involving former President Donald Trump's activities leading up to the 6 January 2021 attack on the US Capitol by Trump supporters trying to stop the formal certification of Mr Biden's 2020 electoral victory.

Since November 2020, Mr Trump, who is running for president in 2024, has falsely claimed he was the victim of massive voter fraud that helped Mr Biden.

Justice Thomas was the lone dissenting voice in January 2022 when the Supreme Court rejected Mr Trump's request to block the release of White House records sought by the congressional committee probing the 6 January attack.

Clarence Thomas sits with his wife and conservative activist Virginia Thomas while he waits to speak at the Heritage Foundation in October 2021 in Washington DC

In September 2022, Justice Thomas' wife, conservative activist Virginia "Ginni" Thomas, met the committee and reiterated her belief that the 2020 election was stolen from Mr Trump, the panel's chairperson, Democratic Representative Bennie Thompson, told reporters.

She was called after the Washington Post and CBS News reported that she had urged Mr Trump's chief of staff Mark Meadows to work to overturn the 2020 election results.

Ginni Thomas has previously denied any conflict of interest between her work as an activist and her husband's as a judge.