Reporters at ProPublica have uncovered yet more news about the right-wing network of wealthy donors who have supported Supreme Court justice Clarence Thomas. According to Justin Elliott, Joshua Kaplan, Alex Mierjeski, and Brett Murphy, in January 2000, on a plane flight home from a conservative conference, Thomas complained to Representative Cliff Stearns (R-FL) about his salary. He warned that if lawmakers didn’t give Supreme Court justices a pay raise, “one or more justices will leave soon.”
After the trip, Stearns wrote to Thomas that he agreed “it is worth a lot to Americans to have the constitution properly interpreted.” Stearns immediately set out to pass legislation separating the salaries of Supreme Court justices from the rest of the judiciary, and then raising pay for the Supreme Court justices alone. But the top administrative official of the judiciary, L. Ralph Mecham, in June 2000 wrote to then–chief justice William Rehnquist to suggest that this was the wrong approach for this “delicate matter.”
“From a tactical point of view,” Mecham wrote, “it will not take the Democrats and liberals in Congress very long to figure out that the prime beneficiaries who might otherwise leave the court presumably are Justices Thomas and Scalia. The Democrats might be perfectly happy to have them leave and would see little incentive to act on separate legislation devoted solely to Supreme Court justices if the apparent purpose is to keep Justices Scalia and Thomas on the Court. Moreover, the fact that Representative Stearns is a conservative Republican may not help dissuade the Democrats and liberals from this view.”
Mecham distinguished between Republicans he thought of as “liberals,” and those, presumably like himself, Rehnquist, Thomas, and Scalia, who were pushing “to have the constitution properly interpreted.” By this, he meant those who wanted the concept of “originalism” to undermine the federal government’s regulation of business, provision of a basic social safety net, promotion of infrastructure, and protection of civil rights, principles on which “liberal” Republicans and Democrats agreed.
Although the extremist faction has now captured the Republican Party, as late as 2000 there were enough “liberals” in the Republican Party that members of the extremist faction worried they could not enact their chosen program. So they must have the Supreme Court. Stearns told the ProPublica reporters that Thomas’s “importance as a conservative [as they called themselves] was paramount…. We wanted to make sure he felt comfortable in his job and was being paid properly.”
About this time, wealthy Republican donors began to provide Thomas and his wife Ginni with expensive vacations and gifts. Ginni went to work for the Heritage Foundation, making a salary in the low six figures. Yale law school professor George Priest, who has joined Thomas and billionaire donor Harlan Crow on vacation, says that Crow “views Thomas as a Supreme Court justice as having a limited salary. So he provides benefits for him.”
That is, a Republican billionaire donor “provides benefits” for a Supreme Court justice who voted in favor of—among other things—the 2010 Citizens United v. Federal Election Commission decision that reversed campaign finance restrictions in place for over 100 years, permitting corporations and outside groups to spend unlimited funds on elections, and the 2013 Shelby County v. Holder decision that gutted the 1965 Voting Rights Act protecting minority voting rights in the United States.