WASHINGTON — A comprehensive investigation by Democratic senators into Supreme Court ethics has unveiled further evidence of luxury travel taken by Justice Clarence Thomas, prompting calls for Congress to enforce a new code of conduct.
Any legislative action appears unlikely as Republicans gear up to assume control of the Senate in January, highlighting the challenges of imposing restrictions on the judicial branch, particularly as confidence in the Supreme Court reaches historic lows.
The 93-page report released by the Democratic majority of the Senate Judiciary Committee reveals additional unreported travel taken by Thomas in 2021, including a private jet flight to New York’s Adirondacks in July and a jet and yacht trip to New York City in October sponsored by billionaire Harlan Crow—one of over two dozen instances where Thomas accepted luxury travel and gifts from affluent benefactors.
The court established its inaugural code of ethics in 2023, yet it allows for self-regulation among the nine justices.
“The highest court in the land can’t have the lowest ethical standards,” stated the committee chairman, emphasizing the need for an enforceable ethical framework.
Republicans expressed opposition to the investigatory subpoenas issued for Crow and others, with no Republican senators participating in the report, which lacked a formal counter-statement from their side.
In defense, a spokesperson for Crow asserted his voluntary cooperation in the investigation, which did not identify specific instances of exerting undue influence. Crow defended Thomas and his wife, calling them “good and honorable people” who have faced unwarranted scrutiny.
An attorney and long-time friend of Thomas argued that the investigation was less about ethics and more about discrediting the Supreme Court, particularly its conservative justices.
The court did not immediately respond to requests for comment.
Thomas contended he was not obliged to disclose trips taken with Crow, as the billionaire is a family friend, and such disclosures were not required under previous regulations. The newly implemented ethics code mandates such disclosures, and Thomas has since begun to report some of this travel.
The investigation referenced Justice Antonin Scalia, indicating he “established the practice” of accepting undisclosed gifts and extensive travel over his long tenure. The late Justice Ruth Bader Ginsburg and retired Justice Stephen Breyer disclosed their subsidized trips, contrasting their approach with that of Thomas.
Notably, the investigation estimates that Thomas has accepted gifts and travel valued at over $4.75 million since his confirmation in 1991, much of which he failed to disclose. The report described the volume and opulence of the gifts as unprecedented in modern American judicial history.
The investigation also disclosed a luxurious trip to Alaska taken by Justice Samuel Alito in 2008, which he claimed did not require disclosure under prior ethical rules.
Alito has faced criticism for not recusing himself from cases related to Donald Trump, particularly following reports of flags linked to the January 6, 2021 attack on the Capitol appearing near his homes, which he attributed to his wife. Thomas has similarly disregarded calls for recusal from cases involving Trump.
The report also scrutinized Justice Sonia Sotomayor’s book sales, facilitated through college visits, and noted potential conflicts of interest involving justices who have presided over cases related to their publishers or stock ownership.
President Biden has been a vocal proponent of establishing a binding code of conduct. Justice Elena Kagan has supported implementing an enforcement mechanism, though concerns about its legal feasibility have been raised by some ethics experts.
Justice Neil Gorsuch recently cited the new code when recusing himself from an environmental case, highlighting the growing calls among justices to adhere to ethical guidelines.
The report advocates for reform within the Judicial Conference—the federal courts’ oversight body—and recommends further Congressional investigation into these ethical concerns.
