At the least because of their refusal to behave in an ethical manner.
Even the editorial page of the NYT is concerned
The court is still not addressing the issue despite months of questions about possible cozy friendships, suspected political biases and family ties. Last week, Justice Antonin Scalia was asked to recuse himself from an upcoming case about alleged gender bias at Wal-Mart Stores because his son is co-chairman of the labor and employment practice at the law firm representing the company.
A bipartisan group of 107 law professors from 76 law schools have made their own proposal for how the court should solve its recusal problem. They argue that justices should follow the ethical code that applies to other federal judges. (Under the rule about avoiding the appearance of impropriety and not letting others “convey the impression that they are in a special position to influence the judge,” Justice Antonin Scalia would not have been able to go duck hunting with Vice President Dick Cheney in 2003 after the court agreed to hear a case involving Mr. Cheney.)
If a justice denies a motion to recuse, he or she should have to issue an opinion explaining why and that could be reviewed by some as yet unspecified group.
The professors’ proposal is a good start. Representatives Chris Murphy and Anthony Weiner are working on a bill based on it. It would be better for the justices to come up with their own similar proposal and adopt it — including a review process by a committee of justices to ensure accountability. That would not interfere with the court’s independence and would strengthen its credibility.
(click here to continue reading The Court’s Recusal Problem – NYTimes.com.)
Supreme Court spouse Ginni Thomas recently opened a lobbying firm which promises to give “voice to…the tea party movement in the halls of Congress.” The job will likely lead her to lobby in favor of repealing the Affordable Care Act. Meanwhile, conservatives are mounting a nationwide litigation strategy to convince Ginni’s husband to give voice to the tea party movement in the halls of the Supreme Court.
In response to Ginni Thomas’ involvement with groups trying to repeal the Affordable Care Act, 74 Members of Congress signed a letter to Ginni’s husband — Justice Clarence Thomas — pointing out that his wife’s new job could have ethical consequences for him:
As an Associate Justice, you are entrusted with the responsibility to exercise the highest degree of discretion and impartiality when deciding a case. As Members of Congress, we were surprised by recent revelations of your financial ties to leading organizations dedicated to lobbying against the Patient Protection and Affordable Care Act. We write today to respectfully ask that you maintain the integrity of this court and recuse yourself from any deliberations on the constitutionality of this act. […]
Given these facts, there is a strong conflict between the Thomas household’s financial gain through your spouse’s activities and your role as an Associate Justice of the United States Supreme Court. We urge you to recuse yourself from this case. If the US Supreme Court’s decision is to be viewed as legitimate by the American people, this is the only correct path.
(click here to continue reading ThinkProgress » 74 Members of Congress Seek Justice Thomas’ Recusal From Affordable Care Act Lawsuits.)
the full letter available here