What’s new
A nearly two-year investigation by Democratic senators into the US Supreme Court ethics has revealed more luxury travel by conservative justice Clarence Thomas and summoned Congress establish a mechanism to enforce a new code of conduct.
Also under the 14 findings in the 93-page report which was released on Saturday, the Senate The Judiciary Committee reported that conservative justice Samuel Alito abused the “personal hospitality” exemption during a luxury trip to Alaska in 2008.
Newsweek emailed the Supreme Court’s Public Information Office for comment Saturday morning.
Why it matters
The Court is facing increasing pressure due to alleged ethical violations Aimed primarily at Thomas and Alito, it issued its first-ever formal code of conduct in November 2023. the code was immediately criticized due to the lack of concrete means of enforcement, leading many to question its practical impact on the behavior of judges.
What you need to know
The report stated that Thomas’ two previously unknown trips took place in 2021 and were arranged by Harlan Crow, a Texas real estate mogul who Thomas regularly patronizes.
One trip took place in July, with Thomas traveling by private jet from Nebraska to Saranac, New York, and staying at Crow’s upstate retreat for five days. The other trip took place in October, when Crow flew Thomas back and forth from Washington, DC to New Jersey for a statue dedication, and also hosted him for a night in New York on his yacht.
“The number, value and extravagance of the gifts Judge Thomas accepted are unparalleled in modern American history,” the report said.
According to the Associated Press Republicans protested the subpoenas granted to Crow as part of the investigation. No Republicans signed the final Senate report, and no formal report was expected from the Republican Party.
Thomas has previously said he was not required to disclose the trips he and his wife, Ginni, took with Crow because the prominent donor is a close friend of the family, and such trips were previously not required for disclosure. However, the Supreme Court’s new ethics code now explicitly requires this, and Thomas has retroactively reported some of the trips. Crow has claimed that he never discussed pending cases before the Court with his friend.
The report traces the practice to the late conservative Justice Antonin Scalia, saying he “established the practice” of accepting secret gifts and taking hundreds of trips during his time in office. It notes that the late liberal Justice Ruth Bader Ginsburg and the retired liberal justice Stephen Breyer also participated in subsidized trips but reported these on their annual disclosure forms. The investigation found that since his appointment in 1991, Thomas has accepted gifts and trips from wealthy benefactors worth more than $4.75 million by some estimates, much of which he has not made public.
The Senate report highlights Alito’s resistance to recusing himself from cases involving the president-elect Donald Trump or the January 6, 2021 U.S. Capitol riot afterward Flags linked to the uprising were seen at two of his homes. Alito stated that the flags were raised by his wife. Similarly, Thomas has ignored calls to distance himself from cases involving Trump. Ginni Thomas reportedly supported Trump’s alleged efforts to overturn the 2020 presidential electionwhich he lost to Democrat Joe Biden.
The report also highlighted oversight of the liberal justice system Sonia Sotomayorwho, with the help of her staff, has spent the past decade promoting sales of her books through college visits.
More
AFP/Getty images
What people say
Attorney Mark Paoletta, a longtime friend of Thomas who previously represented Ginni Thomas, posted on X, formerly Twitter: “This entire investigation was never about ‘ethics,’ but about efforts to undermine the Supreme Court.”
Senator Dick Durbin, an Illinois Democrat and chairman of the Judiciary Committee, said in a statement: “The highest court in the land cannot have the lowest ethical standards.
What’s next
Outgoing President Joe Biden has been the most outspoken Democrat advocating for one binding code of conduct for judges of the Supreme Court. Liberal justice Elena Kagan has has publicly supported the introduction of an enforcement mechanism.
Movement on the issue appears unlikely, however, as Republicans are set to take control of the Senate in January, highlighting the challenges of imposing restrictions on a separate branch of government. amid declining public confidence in the Court.