by Keith M. Stolte
Repository Citation
Keith M. Stolte OF DOG FOOD AND JUDICIAL ETHICS: CLARENCE THOMAS’ FIRST FAILURE TO RECUSE HIMSELF SPRING 2022 Int’l J. L. Ethics Tech. 1 (2022).
Available at: https://doi.org/10.55574/AFHS6898
Author Information: Keith M. Stolte, Private Practice.
Abstract: In March 2022, the public was stunned to learn that Virginia Thomas, wife
of Justice Clarence Thomas, was in steady communication with Mark Meadows,
Donald Trump’s Chief of Staff, supporting Trump’s efforts to overturn the presidential
election results of the 2020 election. Moreover, political leaders and legal practitioners
were troubled that Clarence Thomas had not recused himself in Trump v. Thompson,
142 S. Ct. 680, 680 (2022), a case involving Trump’s application for an injunction
against the National Archives turning over thousands of presidential documents to the
House Select Committee, which was investigating the January 6, 2021 insurrection at
the U.S. Capitol. This severe ethical lapse by Thomas is the latest in a series of ethical
improprieties going back 30 years. The first in the catalogue of Thomas’ ethical
violations was his decision in ALPO Petfoods, Inc. v. Ralston Purina Co., 913 F.2d
958 (D.C. Cir. 1990), which materially changed the law of Lanham Act remedies in
the D.C. Circuit. The article delves into Thomas’ bizarre and erroneous legal analysis
that resulted in overturning a multimillion-dollar false advertising damage award
against pet food manufacturer Ralston-Purina. It will also discuss the unusually close
mentor-mentee relationship between Thomas and Senator John Danforth of Missouri,
grandson of the founder of Ralston-Purina and whose family owned a large holding of
stock in the company. Danforth was instrumental in guiding Thomas’ entire career and
had a hand in obtaining every job in Thomas’ post-law school life, including his present
one. This extraordinarily close relationship created a conflict of interest that should
have led Thomas to recuse himself from considering the Alpo case.
Keywords: Ethics, Recusal, Virginia Thomas, John Danforth, Clarence Thomas
Tables of contents
Attribution 4.0 International (CC BY 4.0)
Persistent link: https://www.ijlet.org/2022-1-73-91/
DOI: https://doi.org/10.55574/AFHS6898
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