Opinion | What is wrong with these people?

Fox News isn’t out of the woods. It still faces a suit from software company Smartmatic, suits from shareholders and even the potential for a Securities and Exchange Commission investigation (for failing to disclose potential liability). The question remains: Will politicians and other media outlets stop treating Fox News like a legitimate news outlet? It certainly doesn’t behave like one.

Cringeworthy judges: For decades, Republicans have sought to capture the courts and convert them into ideological instruments for a White Christian nationalist agenda. They’ve certainly pushed the envelope on race (e.g., punching holes in the Voting Rights Act) and thrown precedent overboard (in reversing Roe v. Wade). However, a funny thing happened on the road to judicial hackery: The judicial heroes of the right seem to have serious ethical blinders. (Perhaps in becoming partisans, they’re adopting the morals of politicians, not judges.)

The latest wrinkles in the saga of Justice Clarence Thomas’s sketchy finances: He reported income from a company that didn’t exist. And Harlan Crow purchased a property from Thomas and his relatives at an allegedly inflated price — and is allowing Thomas’s mother to live rent free in the house. The cloud over the court has forced Thomas to resubmit his financial disclosures.

But that cannot be sufficient. The public is owed a complete explanation and an independent investigation. Sen. Sheldon Whitehouse (D-R.I.) and Rep. Hank Johnson (D-Ga.) asked the Judicial Conference of the United States to examine Thomas’s failures to disclose. The good-government group Citizens for Responsibility and Ethics in Washington filed a complaint with the chief justice and Justice Department. Most of all, the high court must have a mandatory ethics code. Thomas’s conduct will only accelerate the court’s declining approval. Chief Justice John G. Roberts Jr., who fancies himself an institutionalist, is presiding over a judicial Titanic.

Meanwhile, District Court Judge Matthew Kacsmaryk, author of the appallingly hackish opinion overthrowing the Food and Drug Administration’s approval of mifepristone, was not completely forthcoming in his confirmation process. The Post reported that just after Kacsmaryk was first interviewed for consideration for a judgeship, he demanded his name be taken off a law review article that “argues against a 2016 Department of Health and Human Services rule forbidding doctors to discriminate against patients who seek gender-affirming care or pregnancy termination.” As sources in The Post’s article noted, that’s “exactly the kind of material the Senate Judiciary Committee is trying to gather in the judicial confirmation process.”

Given the GOP House majority and the stiff two-thirds requirement for removal by the Senate, neither Thomas nor Kacsmaryk will get impeached, let alone removed. However, following a full investigation they should be referred, if warranted, to their state bar associations for discipline. If the rule of law means anything, it means that judges must adhere to the same ethical standards and rules that all public officials must follow.

What is WRONG with these people?: You wonder if the MAGA crowd has a political death wish. Florida Gov. Ron DeSantis (who originally went after Disney for criticizing his mean-spirited “don’t say gay” bill) threatened to target Disney rides (but exempt its competitors) for inspections and build a prison next to Disney. (This is supposed to please Middle America, which loves taking their kids there?)

Texas Gov. Greg Abbott (R) wants to pardon the convicted murderer of a participant in a Black Lives Matter gathering. The U.S. Army sergeant had a slew of racist, venomous messages on his phone.

An Oklahoma sheriff and other officials were caught on tape joking about the good old days when there were lynchings. The GOP governor called on them to resign. Subsequently, one county commissioner resigned.

Republicans in multiple states are bringing back child labor. Even in dangerous workplaces.

Red states threaten to close or defund libraries rather than respect the First Amendment. (Just like segregationists closed swimming pools and public schools rather than integrate.) Yup, refusing to give all kids access to books will really “own the libs”!

Indifferent to government’s impact on real people, encased in a right-wing bubble and driven by anger and ambition, these politicians act like Democrats’ caricatures of Republicans. They are a gift to Democratic ad makers everywhere.

Distinguished person of the week

Sen. Sheldon Whitehouse (D-R.I.) has been dogged in his efforts to expose soft money operations that influence the Supreme Court. He’s been a persistent critic of the lack of a mandatory ethics code. This week, he outdid himself. In his 21st speech on the topic, he took to the floor to blow to smithereens any rational excuse for Justice Clarence Thomas’s behavior. Whitehouse pointed out that the provision exempting “hospitality” from friends and family does not cover travel (e.g., private jets, yachts). The requirement to report property sales is definitive.

Beyond that, Whitehouse made as cogent a case as one can make for court reform, beginning with ethics reform. No one can honestly deny the conflicts of interest and influence peddling that the current system allows. The court’s reputation is in shambles. Because the justices won’t take steps to clean up their act, Congress must do so. For bringing this to light in ways every American can understand, we can say, well done, Sen. Whitehouse.

Do yourself a favor and take time to watch this in full:

I love documentaries. They can be about anything: golf (“Full Swing”), music (“Summer of Soul” — the other major musical festival of 1969), the fate of a Jewish town in Poland (“Three Minutes: A Lengthening”) or civil rights (the superb “13th”).

Sometimes, the smallest topics can be revelatory. My recent favorite in this category: “The Automat.” Yes, the story of the famous Horn & Hardart! But like the really great documentaries, it’s about more than the specific topic.

You do learn about the weirdly fabulous restaurants where you could put in a nickel (later a whole dime as prices rose!), open a little window and get a delicious piece of pie or even a dinner. It’s also about the rising and falling fortunes of New York City, women’s entrance into the workplace, the theater, immigrants (watch for Ruth Bader Ginsburg) and even democracy. And that’s, I suppose, why I love documentaries. They’re a delightful reminder that small discoveries and a narrow slice of life can illuminate complex, critical issues.

Every Wednesday at noon, I host a live Q&A with readers. Read a transcript of this week’s Q&A or submit a question for the next one.

Steve: What structural changes do you have in mind for our democracy? We all know that our Constitution contains the results of a bunch of unfortunate compromises needed to bring the slave states on board. Lincoln thought it sold out the principles in our Declaration of Independence. You mention rather need for structural change. What do you have in mind? Thanks.

Jennifer Rubin: We can try to reach a threshold of states agreeing to the National Popular Vote Interstate Compact, which would essentially convert U.S. presidential elections to a popular voting system; do away with the Senate filibuster; expand the House of Representatives; give Washington D.C. representation in the House and Senate; and set Supreme Court term limits or expand the court to match the number of circuits (13, currently). In addition, we can end legislative gerrymandering; repair the Voting Rights Act to “fix” the Supreme Court rulings that gutted Sections 2 and 5 of the law; end single-judge divisions (which allows judge shopping); expand lower federal courts (to increase diversity); and expand voting access (e.g., regularize early voting, make election day a holiday). Finally, we need a constitutional amendment or a Supreme Court reversal of Citizens United. Each reform would put more democracy back into our system.

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