Senate Democrats conclude a two-year investigation into Supreme Court justices' ethical practices, focusing on conservative members' alleged misconduct.
According to the Washington Examiner, the Senate Judiciary Committee released a 97-page staff report on Saturday morning that accused conservative Supreme Court justices of accepting lavish gifts and failing to recuse themselves from cases involving conflicts of interest.
The investigation, spearheaded by Senate Judiciary Committee Chairman Dick Durbin, highlights several instances of alleged ethical violations by Justice Clarence Thomas and Justice Samuel Alito. The report claims Thomas received millions in undisclosed gifts throughout his tenure, while Alito faced scrutiny over a luxury Alaskan fishing trip funded by a hedge fund billionaire.
Senate Democrats assert that Thomas's acceptance of gifts has reached unprecedented levels in modern American history. The report alleges that after public attention in 2004, Thomas ceased disclosing most gifts he received, potentially violating federal law. These undisclosed benefits allegedly include various luxurious accommodations and travel arrangements spanning several years.
Chairman Durbin expressed his concerns about the findings, stating:
Now more than ever before, as a result of information gathered by subpoenas, we know the extent to which the Supreme Court is mired in an ethical crisis of its own making.
The investigation's scope notably excluded Democratic-appointed Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown-Jackson, despite previous controversies surrounding Sotomayor's book promotions and Jackson's disclosure issues regarding her husband's income.
The Democrats' report advocates for passing the Supreme Court Ethics, Recusal, and Transparency Act, which cleared the committee in September 2023. This push for legislation faces significant opposition from Republicans and the Supreme Court itself, with Chief Justice John Roberts declining to meet with Democratic senators, citing concerns about the separation of powers.
The Supreme Court implemented its own ethics code last year, but critics argue it lacks enforcement mechanisms. The report emphasizes that congressional intervention is necessary to restore public confidence in the institution. However, constitutional questions persist about Congress's authority to regulate a co-equal branch of government.
Mark Paoletta, a close associate of Justice Thomas, defended the conservative justices, arguing that they followed existing laws and regulations regarding trip reporting. The Judicial Conference's recent rule changes have also relaxed requirements for judges' visits to private residences owned by LLCs.
The investigation, conducted without Republican input, represents Democrats' final attempt to establish formal ethics oversight of the Supreme Court. The report strongly criticizes Chief Justice Roberts' leadership on ethics reform and argues for external enforcement mechanisms.
The debate continues over Congress's constitutional authority to impose ethics regulations on the Supreme Court. Justice Alito has vocally opposed such oversight, citing concerns about separation of powers. Republicans largely align with this view, questioning Congress's ability to regulate judicial conduct.
The report concludes with a stark assessment:
While the justices interpret the law, they are not above it. The Roberts Court has seemingly forgotten this, and the only way forward is the implementation of an enforceable code of conduct.
The Senate Democrats' investigation into Supreme Court ethics has exposed significant rifts between political parties and branches of government. The investigation, concluding in December 2024, focused primarily on conservative justices Thomas and Alito, accusing them of various ethical breaches, including undisclosed gifts and conflicts of interest. This contentious issue now moves to the legislative arena, where Democrats push for formal ethics oversight while facing strong opposition from Republicans and the Supreme Court.
