U.S. Sen. Dick Durbin calls on Justice Clarence Thomas to recuse himself from Trump ballot case

Sen. Durbin calls on Justice Thomas to recuse himself from Trump ballot case

CHICAGO (CBS) -- U.S. Sen. Dick Durbin on Wednesday called on U.S. Supreme Court Justice Clarence Thomas to recuse himself from a case involving whether former President Donald Trump is eligible for a second term in office.

On Thursday, the nation's highest court will hear arguments in Trump's appeal of a Colorado Supreme Court ruling removing him from that state's ballot in the upcoming Republican primary election. In December, the Colorado Supreme Court ruled that Trump's conduct related to the Jan. 6, 2021, assault on the U.S. Capitol deemed him ineligible for the presidency.

In a post on X, the social media platform formerly known as Twitter, Durbin on Wednesday said "Justice Thomas should recuse himself so there's no question of bias."

"I thought about it long and hard. I've never done this before. My feeling is that Justice Thomas has some serious issues that really reflect on the integrity of the United States Supreme Court," Durbin told CBS 2.

Thomas's wife, Virginia, a conservative activist, was questioned by Congress' Jan. 6 committee in December, when she said she regretted sending text messages to then-White House chief of staff Mark Meadows after the 2020 election. She told investigators she was "emotional" after the election, and sent messages to Meadows calling on him to stand firm with Trump as he falsely claimed the election had been stolen.

Durbin said Justice Thomas should step back from the Trump ballot case to ensure the case is decided fairly.

"This situation where his wife was directly in touch with the Trump administration and the White House during the period of the election denial really says to me he should step aside from this decision for the good and reputation of the court," Durbin told CBS 2.

The case before the U.S. Supreme Court centers on a lawsuit filed by six Colorado voters last year, claiming Trump violated what is known as the insurrection clause of the 14th Amendment of the U.S. Constitution - a seldom-used provision passed in 1868 that was designed to keep former Confederates from holding public office.

The U.S. Supreme Court's ultimate decision in the case could have sweeping ramifications for the 2024 presidential election, since it could provide clarity about whether Trump is eligible for a second term in office, and whether individual states can force him off the ballot.

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