Associate Justice Clarence Thomas who never should have been made a justice and who may be the most corrupt justice in American history. Credit: Eric Lee | Bloomberg | Getty

One of the oddest features of the American constitutional order is that it cedes the greatest level of power to the branch of government with the weakest ethical constraints. The judicial branch can, by majority vote, override any law passed by the other two branches, even those requiring supermajority support. Yet the justices of the Supreme Court, whose authority is total, do not even need to follow the ethical rules imposed on lower-ranking judges. The assumption, if there is any, is that, having ascended to the highest point in the legal-political hierarchy, the forces of corruption and influence that tug at everybody else within the system cease to operate.

The most glaring example of the Supreme Court’s ethical vacuum is Clarence Thomas. The right-wing justice has operated, in conjunction with his wife, in the center of a network of conservative activists whose project is indistinguishable from his […]

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