If SCOTUS were to approve the theory, it would give strong support to the scheme that Thomas's former clerk John Eastman hatched to change the outcome of the 2020 presidential election. Eastman claimed that state legislatures, acting alone, can present alternate elector slates in a presidential election, regardless of the popular vote. Eastman corresponded with Thomas's wife, Ginni, about the scheme and she, in turn, vigorously pursued it. Eastman even professed to have inside information about a "heated fight" among SCOTUS justices as the scheme unfolded. This documented and publicly available information reeks of impropriety.
Thomas should immediately withdraw from the case because of his glaring conflict of interest. It is inconceivable that he would participate in a case that could give legs in 2024 to the scheme that his wife and former clerk advanced to commandeer the 2020 election. SCOTUS is coming under increasing pressure to adopt a code of conduct, which would include standards for recusal. Thomas's participation in any final decision of the Moore case would have a devastating impact on the high court's legitimacy.
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