The PBS moderator points out that this is not the first time that Ginni Thomas’s political activism has raised these questions of influence, and mentions a recent Affordable Care Act challenge. He doesn’t mention Bush v Gore or Trump’s Muslim ban case, but the point is made.
Then it’s time for the conservative defense of the victimized Thomases. At 2:44 Mr. Malcolm begins his master class in fancy legal footwork to dazzle an opponent and sway a jury. He doesn’t think Clarence needs to recuse just because his wife Ginni is an attorney and conservative activist consulting for multiple organizations with occasional business before the court (during Bush v Gore she worked for Bush). Malcolm flashes legal gold, worth every penny they pay him.
“Yes, look, I completely disagree with that. Ginni Thomas is not a lawyer, she is not a litigant, she does not work for any organization that is a party to any lawsuit. There’s no reason to believe that she is in any legal jeopardy, whatsoever.”
That’s why the Heritage Foundation pays him the big bucks!