In a significant development, conservative Supreme Court Justice Clarence Thomas has recused himself for the first time from a case related to the January 6, 2021, attack on the U.S. Capitol by former President Donald Trump’s supporters. The court, on Monday, rejected an appeal brought by former Trump legal adviser John Eastman, who had served as a law clerk to Justice Thomas. Previously, Thomas had participated in a case involving Trump’s bid to prevent White House documents from being handed over to the House committee investigating the attack, where he was the only justice to signal support for Trump’s legal arguments. While Thomas did not provide a reason for his recusal, some released emails reportedly mentioned him as being the justice most receptive to Trump’s arguments.
Interestingly, the case involving Eastman centered on his efforts to prevent his former employer, Chapman University, from handing over archived emails. The case was rendered effectively moot as the committee had already obtained the relevant emails and concluded its investigation. Eastman’s discredited argument that then-Vice President Mike Pence had the power to refuse to certify the 2020 presidential election results added controversy to his involvement in the case. Additionally, Eastman has been indicted for his efforts to overturn the 2020 election results in Georgia and is facing disbarment proceedings in California. It’s worth noting that Thomas had previously faced criticism for not recusing himself from Trump’s Jan. 6 case due to his wife’s vocal support for Trump’s election overturn efforts.
In another Trump-related case, the Supreme Court rejected a long-shot legal challenge seeking to block Trump from being elected president again. The appeal, filed by John Castro, a write-in Republican candidate for president, argued that Trump is ineligible to be on the ballot under the Constitution’s 14th Amendment due to his alleged support for the Capitol attackers. This case is among several across the country attempting to bar Trump from the ballot using the 14th Amendment. While some legal scholars back the argument, others dismiss it, questioning the enforceability and whether Trump’s actions can be considered “insurrection or rebellion.” Trump is currently facing criminal charges for his role in the events leading up to Jan. 6 and was impeached but acquitted by the Senate. Castro’s case, however, is considered unlikely to have a chance at the Supreme Court due to procedural issues and lack of interest shown by the court.