https://www.nationalreview.com/2022/03/the-smearing-of-clarence-thomas/
Those demanding recusal over Ginni Thomas’s activism are engaged in transparently partisan politics, nothing more.
D emocrats should not get away with their shameless political gambit to force Justice Clarence Thomas’s recusal from Supreme Court cases based on the political activism of his wife, Ginni Thomas.
Supreme Court justices are not even subject to disqualification over their own activities that bear directly on cases. This never upsets Democrats when the justices have been appointed by Democratic presidents. Consequently, Justice Elena Kagan did not recuse herself from the Obamacare case, providing the critical vote to uphold it despite having served as President Obama’s solicitor general when the administration was formulating the legal strategy to defend the Affordable Care Act. (See Ed Whelan’s analysis, here.)
Justice Stephen Breyer has been aptly described as the primary architect of the federal sentencing guidelines. He steered them through Congress in 1984 as the Senate Judiciary Committee’s chief counsel before serving, as a federal appeals court judge, on the Sentencing Commission that created the guidelines. Yet, after being appointed to the high court by President Clinton, Breyer declined to recuse himself when the Supreme Court weighed the constitutionality of the guidelines. Indeed, he wrote a 5–4 majority opinion in 2005 that sustained the guidelines scheme, though declaring it advisory rather than mandatory.