The nightmare appeared in last week’s issue of The New Yorker, in Jeffrey Toobin’s lengthy article on Supreme Court jurisprudence, titled “Partners” and subtitled “Will Clarence and Virginia Thomas succeed in killing Obama’s health-care plan?”
It’s possible to read Toobin’s article as a partisan hit job, echoing the demands of 74 Democratic House members that Justice Thomas recuse himself from sitting on a case challenging the constitutionality of Obamacare because of his wife’s involvement in the Tea Party movement.
Never mind that this is a standard neither Toobin nor the Democrats apply to other public officials with spouses active in public affairs — and that they’re not asking Justice Elena Kagan to recuse herself because of her work in the Justice Department on the issue.
Congress has never before passed and the Supreme Court has never upheld a law requiring individuals to buy a commercial product, as Obamacare does. On this the Obama Democrats, not Clarence Thomas and judges following his lead, are the ones sweeping aside precedent.