Too bad it takes another thread to discuss the same subject - but WP seems to think that you can discuss one without discussing the other - hence a new thread on a current subject. From a letter to Thomas signed by 74 congressional representatives. Dear Justice Thomas: As an Associate Justice, you are entrusted with the responsibility to exercise the highest degree of discretion and impartiality when deciding a case. As Members of Congress, we were surprised by recent revelations of your financial ties to leading organizations dedicated to lobbying against the Patient Protection and Affordable Care Act. We write today to respectfully ask that you maintain the integrity of this court and recuse yourself from any deliberations on the constitutionality of this act. The appearance of a conflict of interest merits recusal under federal law. From what we have already seen, the line between your impartiality and you and your wife's financial stake in the overturn of healthcare reform is blurred. Your spouse is advertising herself as a lobbyist who has "experience and connections" and appeals to clients who want a particular decision - they want to overturn health care reform. Moreover, your failure to disclose Ginny Thomas's receipt of $686,589 from the Heritage Foundation, a prominent opponent of healthcare reform, between 2003 and 2007 has raised great concern 44 - House Democrats say Justice Thomas should recuse himself in health-care case Legally speaking, (and I don't mind blurring both Thomas and Kagan since there's barely an article out there that does not mention both of them in regards to the Health Care Hearings) it seems that neither of them meets the criteria for a necessary recusal. From what has been revealed so far, most legal experts think not. Putting it plainly, James Sample, a law professor at Hofstra University School of Law who focuses on recusal issues, tells The Washington Times these accusations don't pass the bar. â€śI am generally one of the most pro-recusal scholars you can find, and yet I think in this instance those who are trying to argue for the recusal of Justice Kagan and Justice Thomas alike are opportunists who are trying to use a mechanism that just doesnâ€™t fit,â€ť he said. Recusal Wars Heat Up for the Supreme Court's Health Care Case - Politics - The Atlantic Wire In the interest of fairness, I say either both of them recuse themselves or they both stay. Calling for one to to do and not calling for the other to do so as well is the height of partisanship.