In Washington, a comprehensive investigation by Democratic senators concerning the ethical conduct of Supreme Court Justice Clarence Thomas has come to light, revealing a pattern of extravagant travel and advocating for the establishment of enforceable ethical guidelines within the judiciary.
The investigation’s findings, laid out in a 93-page report released over the weekend by the Democratic majority of the Senate Judiciary Committee, detail undisclosed luxury trips taken by Thomas in 2021. These include a private jet flight to the Adirondacks and a sponsored trip to New York City by billionaire Harlan Crow, among numerous other lavish excursions linked to affluent donors.
While the Supreme Court implemented its inaugural code of ethics in 2023, adherence to this standard remains voluntary for the justices. Committee Chairman Senator Dick Durbin expressed concerns about the court’s ethical standards, emphasizing that the nation’s highest judicial body should not have the lowest ethical benchmarks.
Republican senators have rejected any involvement in the issued subpoenas for Crow and other individuals associated with the inquiry, with no Republican members supporting the final report. Crow defended himself, stating he willingly cooperated during investigations and that no evidence of improper influence had been highlighted. He also described Justice Thomas and his wife Ginni as honorable individuals.
Mark Paoletta, a close associate of Thomas and someone anticipated to join the upcoming Trump administration, criticized the investigation, suggesting it was a politically motivated attack against conservatives in the Court. He asserted that the focus was not truly about ethical concerns but rather an effort to undermine the institution.
Justice Thomas previously claimed he was not obliged to disclose trips with Crow, citing a long-standing friendship with the donor, but had later updated his reports following the establishment of the new ethics code, which explicitly requires such disclosures. The report notes the tradition of justices accepting undisclosed gifts and how previous justices, like Ruth Bader Ginsburg and Stephen Breyer, did disclose their subsidized trips.
The report estimated that since his confirmation in 1991, Thomas has received gifts and travel valued at over $4.75 million, with many instances unreported. This pattern of receiving such extravagant gifts has received heightened scrutiny and is described as unprecedented in modern American judicial history.
Additionally, the investigation mentioned a luxurious Alaskan trip taken by Justice Samuel Alito in 2008, which he argued he was not required to disclose under previous ethical guidelines. Alito faced criticism regarding his impartiality in cases involving former President Trump and the January 6 Capitol riot, yet he maintained he would not recuse himself. Meanwhile, Justice Thomas has also faced similar demands to step away from cases connected to Trump.
The report further scrutinizes Justice Sonia Sotomayor, highlighting controversy stemming from her promotion of book sales during university visits, facilitated by her staff, while also noting potential conflicts arising from justices’ financial interests in cases they are adjudicating.
President Biden has been vocal in advocating for a mandatory code of conduct for justices. Furthermore, Justice Elena Kagan has expressed support for implementing enforcement mechanisms, despite some experts warning of potential legal challenges. Justice Neil Gorsuch recently cited the code in recusing himself from a case involving a Colorado billionaire, highlighting growing concerns about conflicts of interest within the Court.
The report has called for adjustments to be implemented within the Judicial Conference, the federal judicial oversight body led by Chief Justice John Roberts, along with requests for further inquiries by Congress into these ethical practices.