Dems Call on Thomas to Recuse Himself From Chevron Case

Fifty House Democrats on Wednesday called on Supreme Court Justice Clarence Thomas to recuse himself from an upcoming case, citing his connections to libertarian billionaires Charles and David Koch.

The case, Loper Bright v. Raimondo, challenges the scope of the Chevron deference doctrine and its application by the U.S. Court of Appeals for the District of Columbia Circuit to uphold the National Marine Fisheries Service's (NMFS) interpretation of a federal fishery law.

Attorneys linked to the Koch network are representing the plaintiffs.

The Kochs, the lawmakers wrote to Thomas, who are "political activists that you have personally helped fundraise for and personally financially benefited from while their crusade to overturn Chevron was public and well-known — are a party to this case."

Citing a ProPublica report that highlights the Republican appointee's connections to the Koch network, the group said there was no question that Thomas' "lengthy relationship with the Kochs, including [his] participation in donor retreats for the Koch network, requires recusal in the upcoming case that the Koch network has teed up in an attempt to overturn Chevron."

"Moreover, as you should be aware, the Koch network's staff attorneys represent the plaintiffs in this case."

The report, which said Thomas secretly participated in Koch network donor events and accepted gifts and trips he didn't disclose on federal forms, renewed questions about the justice's ethics practices, especially since the Koch network has brought several cases before the Supreme Court.

"If you do not recognize that your behavior disqualifies you from ruling on such a consequential case and you do not recuse yourself, it will do irreparable harm to the court's credibility and to the public's faith in the impartial rulings of the entire federal judiciary," the lawmakers continued.

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