In a significant development, a recent investigation led by Democratic senators into Supreme Court ethics has unveiled extensive luxury travel by Justice Clarence Thomas, highlighting the need for Congress to enforce an ethical code of conduct for the judiciary. The findings come amid declining public trust in the Supreme Court.
The 93-page Senate Judiciary Committee report, released on Saturday, disclosed unreported travels by Thomas in 2021, including a private jet flight to the Adirondacks and a yacht trip sponsored by billionaire Harlan Crow. This marks yet another revelation in a series of reported luxury travels and gifts received by Thomas from affluent benefactors.
Despite the Supreme Court adopting its first ethics code in 2023, compliance remains voluntary for justices, raising concerns over accountability. Committee chairman, Senator Dick Durbin, emphasized the importance of maintaining high ethical standards for the Supreme Court, advocating for an enforceable code.
Opposition from Republican senators suggests that the investigation aims to undermine the court’s conservative majority. The committee’s Republican members objected to subpoenas for Crow and others involved in the inquiry, choosing not to support the final report..
Justice Thomas has maintained that he was not obligated to disclose the trips with Crow due to their long-standing friendship and previous disclosure requirements. However, the new ethics code mandates such disclosures, prompting Thomas to report some of his travels post-investigation.
The report traces a historical context of undisclosed gifts and trips, dating back to Justice Antonin Scalia, and highlights that Thomas has reportedly accepted over $4.75 million in gifts since his appointment in 1991, without adequate disclosure.
Additionally, the report referenced other justices, including Samuel Alito, who faced similar scrutiny regarding undisclosed trips and has resisted calls to recuse from cases involving controversial matters. Calls for transparency are echoed by a growing demand for a binding code of conduct in the Supreme Court.
President Biden has been a prominent advocate for establishing a formal code of conduct, while Justice Elena Kagan has also signaled support for an enforcement mechanism. The report calls for comprehensive reforms within the Judicial Conference, the federal courts’ oversight body, as Congress continues to investigate ethically concerning practices among justices.
