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WASHINGTON — Democratic senators have conducted an extensive investigation lasting nearly two years regarding Supreme Court ethics, revealing more instances of luxurious travel by Justice Clarence Thomas, and urging Congress to create a system to enforce a new code of conduct.
Progress on the matter seems improbable as Republicans prepare to assume control of the Senate in January, emphasizing the challenges faced in imposing limitations on a different branch of government, especially as public trust in the court has plummeted to unprecedented lows.
The 93-page document published on Saturday by the Senate Judiciary Committee’s Democratic majority uncovered further travels undertaken by Thomas in 2021 that were not reported in his annual financial disclosure: a private jet journey to the Adirondacks in New York in July, and a jet and yacht trip to New York City backed by billionaire Harlan Crow in October. This was one of over two dozen instances cited in the report where Thomas received luxurious travel and gifts from affluent donors.
In 2023, the court implemented its initial ethical code, yet compliance is left to the discretion of each of the nine justices. This action followed thorough investigative journalism by ProPublica.
“The highest judicial body in the nation cannot maintain the lowest ethical standards,” stated the committee chairman, Illinois Sen. Dick Durbin, who has consistently advocated for a binding code of ethics.
Republicans condemned the subpoenas approved for Crow and others amid the inquiry. No Republicans endorsed the final report, nor was a formal statement from them anticipated.
Mark Paoletta, an attorney and long-standing friend of Thomas who has been appointed for the incoming Trump administration, claimed that the report targeted conservatives whose decisions the Democrats opposed.
“This entire inquiry was never truly about ‘ethics’ but rather an attempt to undermine the Supreme Court,” Paoletta remarked in a statement shared on X.
The court did not immediately respond to a request for feedback.
Thomas has asserted that he was not obligated to reveal the trips that he and his spouse, Ginni, undertook with Crow since the prominent donor is a close family friend, and such travel disclosures were not required previously. The new ethical guidelines now explicitly mandate it, and Thomas has since retroactively reported some of his travels. Crow has maintained that he has never discussed pending matters before the court with his friend.
The report connects back to Justice Antonin Scalia, stating that he “established the practice” of accepting undisclosed gifts and numerous trips throughout his lengthy tenure. The late Justice Ruth Bader Ginsburg and retired Justice Stephen Breyer also accepted subsidized trips but disclosed them on their annual declarations, the report states.
The inquiry discovered that Thomas accepted gifts and travel from affluent contributors, valued at over $4.75 million by some estimates since his confirmation in 1991, much of which he failed to disclose. “The amount, worth, and luxury of the gifts received by Justice Thomas have no parallel in contemporary American history,” according to the report.
It also elaborated on a luxury trip to Alaska in 2008 taken by Justice Samuel Alito, who stated that he was excluded from reporting the journey under former ethical regulations.
Alito additionally declined requests to recuse himself from matters involving Donald Trump or the January 6, 2021, Capitol riot after flags linked to the insurrection were seen outside two of Alito’s residences. Alito has indicated that those flags were displayed by his wife.
Thomas has disregarded calls to excuse himself from matters related to Trump as well. Ginni Thomas backed Trump’s attempts to overturn the 2020 presidential election which the Republican lost to Democrat Joe Biden.
The report also highlighted scrutiny of Justice Sonia Sotomayor, who, with the assistance of her team, has promoted sales of her books through college visits over the past decade. Justices have also presided over cases involving their book publishers or companies wherein justices held stock.
Biden has emerged as the most notable Democrat advocating for a binding ethical code. Justice Elena Kagan has openly supported the adoption of an enforcement mechanism, though some ethics specialists have noted that it may present legal complications.
Recently, Justice Neil Gorsuch referenced the code when he recused himself from an environmental case amidst calls for him to withdraw due to the potential benefit it could provide to a Colorado billionaire whom Gorsuch had represented prior to his judicial appointment.
The report further advocates for modifications in the Judicial Conference, the supervisory body of the federal court system led by Chief Justice John Roberts, and additional inquiries by Congress.
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