Opinion Piece | A Distinct Take on Avoiding Impropriety Evident in Justice Alito

In her op-ed titled “Alito and His Fishy Alaskan Getaway,” Ruth Marcus discusses the contrasting views on avoiding impropriety held by Justice Samuel A. Alito Jr. and T. Emmet Clarie, Marcus’s former boss at the U.S. District Court for Connecticut. Marcus recalls a story shared by Clarie, known as “the Bishop” for his unwavering ethics, during her time as his clerk from 1981 to 1992. This story gains relevance in light of recent revelations about the acceptance of generous favors by Justices Alito and Clarence Thomas from wealthy individuals with vested interests that coincide with cases brought before the Supreme Court.

The tale involves Clarie gracefully declining a truckload of cow manure, a thoughtful gift from a neighboring dairy farmer who knew the judge’s gardening passion. Clarie explained to Marcus and her fellow clerk that a judge should never engage in actions that could raise doubts about their integrity and impartiality, as they never know who may appear before them in court. Such caution allows for the preservation of trust and respect in the judicial system.

Marcus is confident that the Bishop, in his polite and dignified manner, would agree that the behavior of Justices Alito and Thomas, along with their dismissive responses to the concerns raised, is questionable. The letter is signed by Robert Alan Brooks, a former assistant U.S. attorney, residing in St. Petersburg, Fla.

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