Senate review of Supreme Court ethics finds more luxury trips and urges enforceable code of conduct

Dec 22, 2024 Story by: Editor

A nearly two-year investigation led by Democratic senators into Supreme Court ethics has unveiled additional instances of luxury travel undertaken by Justice Clarence Thomas. The investigation underscores the need for Congress to establish mechanisms for enforcing a new code of conduct for the nation’s highest court.

Despite the findings, progress on this issue seems improbable as Republicans prepare to assume control of the Senate in January. This shift highlights the challenges of imposing ethical constraints on an independent branch of government, even as public confidence in the Supreme Court plummets to unprecedented lows.

The 93-page report, released on Saturday by the Senate Judiciary Committee’s Democratic majority, reveals unreported travel by Thomas in 2021. This includes a private jet trip to New York’s Adirondacks in July and a luxury jet and yacht excursion to New York City in October, funded by billionaire Harlan Crow. The report outlines over two dozen occasions where Thomas received luxury gifts and travel from wealthy benefactors.

Although the court introduced its first code of ethics in 2023, it allows individual justices to determine compliance.

“The highest court in the land can’t have the lowest ethical standards,” remarked Senator Dick Durbin, the committee chairman. Durbin has consistently advocated for a binding code of ethics.

Republican Opposition and Defense of Thomas

Republicans have criticized the investigation, with no members of the party signing the final report. They also opposed subpoenas for Crow and others. A spokesperson for Crow stated he voluntarily provided information, emphasizing no evidence of undue influence was identified. Crow defended Thomas and his wife, Ginni, calling them “good and honorable people” who were being unfairly targeted.

Attorney Mark Paoletta, a close friend of Thomas, dismissed the investigation as a politically motivated effort against conservatives. “This entire investigation was never about ‘ethics’ but about trying to undermine the Supreme Court,” Paoletta said in a statement posted on X.

The Supreme Court has not yet commented on the report.

Ethics Debate and Historical Context

Thomas has maintained that disclosure of his trips was unnecessary under previous rules, citing his close personal ties with Crow. However, the updated ethics code explicitly mandates such disclosures. Thomas has since amended his filings to include some travel.

The report traces the acceptance of undisclosed gifts back to Justice Antonin Scalia, noting that this practice was adopted by several justices over the years. However, while late Justice Ruth Bader Ginsburg and retired Justice Stephen Breyer disclosed subsidized trips, Thomas reportedly did not.

Estimates suggest that Thomas has accepted gifts and travel worth over $4.75 million since his 1991 confirmation, much of which went unreported. “The number, value, and extravagance of the gifts accepted by Justice Thomas have no comparison in modern American history,” the report states.

The investigation also examined a 2008 luxury trip to Alaska by Justice Samuel Alito, who claimed an exemption from disclosure under previous rules. Alito has faced scrutiny for declining to withdraw from cases involving former President Donald Trump and the January 6 Capitol attack. Similarly, Thomas has ignored calls to recuse himself from cases tied to Trump, despite Ginni Thomas’s public support for efforts to overturn the 2020 election results.

Broader Ethical Concerns

Other justices have faced criticism, including Justice Sonia Sotomayor, whose staff reportedly promoted her books during college visits. The report also highlights cases involving justices’ book publishers or companies where they owned stock.

President Joe Biden has emerged as the leading Democrat advocating for a binding code of conduct for the Supreme Court. Justice Elena Kagan has expressed support for an enforcement mechanism, though legal experts caution it may be complex to implement.

Justice Neil Gorsuch recently cited the ethics code when recusing himself from an environmental case with ties to a Colorado billionaire he previously represented.

Recommendations

The report calls for reforms within the Judicial Conference, the federal courts’ oversight body led by Chief Justice John Roberts, and further congressional investigation. It highlights the need for systemic changes to restore public trust in the Supreme Court’s integrity. Source: NBC Philadelphia