Quote:Fifty House Democrats on Wednesday called on Justice Clarence Thomas to recuse himself from a major upcoming Supreme Court case after a report detailed the justice’s visits to Koch network events.
ProPublica reported Friday that Thomas attended a private dinner for donors at the network’s annual summit in California in 2018 and participated in at least one other event.
In their letter, the lawmakers take aim at how attorneys linked to the Koch network are representing the plaintiffs in a major Supreme Court case this upcoming term with major impacts on the future of executive agencies’ power.
“But there is no question that your lengthy relationship with the Kochs, including your 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,” the lawmakers wrote.
The case, Loper Bright Enterprises v. Raimondo, asks the justices to overturn the so-called Chevron deference, which for nearly four decades has given agencies wide authority to implement regulations.
Under the Chevron deference, if Congress is ambiguous or silent on an issue, courts must uphold an agency’s action if it was “based on a permissible construction of the statute.”
Overturning Chevron would take a sledgehammer to agency power and their ability to issue environment, health and other types of regulations without clearer authorization from Congress.
“Here, the Kochs — 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,” the lawmakers wrote.
“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,” they continued.
https://thehill.com/regulation/court-bat...work-ties/
I doubt he'll recuse -- the Kochs will demand ROI.