Dec 23, 2024 Story by: Editor
WASHINGTON — A nearly two-year inquiry led by Democratic senators into Supreme Court ethics has revealed further instances of luxury travel involving Justice Clarence Thomas, amplifying calls for Congress to enforce a new code of conduct for the judiciary.
However, with Republicans set to take control of the Senate in January, significant progress on the issue seems improbable. The report underscores the challenges of imposing ethical restrictions on a separate branch of government, even as public confidence in the Supreme Court has plunged to historic lows.
Released on Saturday, the 93-page report from the Democratic majority on the Senate Judiciary Committee highlights previously undisclosed trips taken by Thomas in 2021. These include a private jet flight to New York’s Adirondacks in July and a jet and yacht excursion to New York City in October, both funded by billionaire Harlan Crow. The report details over two dozen instances of luxury travel and gifts Thomas received from wealthy benefactors but did not report in his annual financial disclosures.
In 2023, the court adopted its first code of ethics, though compliance is left to the discretion of each justice.
“The highest court in the land can’t have the lowest ethical standards,” said Illinois Sen. Dick Durbin, the committee chairman, in a statement. Durbin has long advocated for enforceable ethics guidelines.
Republicans criticized the investigation, including subpoenas issued to Crow and others, with none signing onto the final report. No counter-report from Republicans is anticipated.
A spokesperson for Crow stated that he voluntarily provided information and emphasized that the investigation found no specific instances of undue influence. “Justice Thomas and his wife Ginni are good and honorable people and no one should be treated this way,” Crow said in a statement.
Attorney Mark Paoletta, a longtime friend of Thomas, labeled the report a partisan attack. “This entire investigation was never about ‘ethics’ but about trying to undermine the Supreme Court,” Paoletta said in a statement on X.
Thomas has defended his lack of disclosure, arguing that trips with Crow, a family friend, did not require reporting under the previous rules. He has since amended his disclosures following the implementation of the new ethics code.
The investigation also revisits the precedent set by Justice Antonin Scalia, who “established the practice” of accepting undisclosed gifts and travel during his tenure. While other justices, such as Ruth Bader Ginsburg and Stephen Breyer, disclosed subsidized trips, the report claims Thomas has accepted gifts and travel valued at over $4.75 million since his 1991 confirmation, much of which went unreported.
Additional scrutiny was directed at Justice Samuel Alito for a luxury trip to Alaska in 2008, which he argued did not require disclosure under previous rules. Alito has also resisted recusal in cases involving Donald Trump or the January 6 Capitol attack, despite controversy surrounding flags linked to the riot displayed at his homes.
Justice Sonia Sotomayor has faced criticism for promoting book sales during college visits over the past decade, with assistance from her staff. Justices have also participated in cases involving their publishers or companies where they held stock.
President Joe Biden has led calls for a binding Supreme Court code of conduct, with Justice Elena Kagan publicly supporting an enforcement mechanism. However, some ethics experts suggest implementing such measures could pose legal challenges.
Justice Neil Gorsuch recently cited the court’s ethics code in his decision to recuse himself from an environmental case. Calls for his recusal arose because the case’s outcome could benefit a Colorado billionaire Gorsuch previously represented.
The report further recommends reforms within the Judicial Conference, the federal courts’ oversight body led by Chief Justice John Roberts, and advocates for continued congressional investigations. Source: npr
