I’m just guessing that Clarence Thomas would still vote with the conservative court majority whether or not his wife was the head of a right-wing group that got $550K in donations from unnamed sources. Ezra Klein said it pretty well the other day:
I’ll only add that the arguments being tossed around by the two sides are essentially meaningless. There’s no “right” argument here. No one doubts that health-care reform would be constitutional if Antonin Scalia decided to pursue his passion for beekeeping and allowed President Obama to appoint his replacement. The only reason there’s any question about the law’s constitutionality is that conservatives appointed five of the nine sitting justices, and conservatives have organized against the constitutionality of a proposal they once considered not just constitutional, but desirable as a matter of public policy.
And so it goes. Politics is politics, and the Supreme Court is, at this point, deeply and unquestionably political. I continue to think it unlikely that they will want the sort of direct confrontation with the political system, and with the Democratic Party, that overturning health-care reform would entail. But only time will tell.
If there’s any better reason to vote for a Democrat than the need to nominate and confirm decent Supreme Court justices, I don’t know what it is.