WASHINGTON — On Thursday, the judiciary’s policymaking entity announced that the federal courts would not be forwarding allegations regarding Supreme Court Justice Clarence Thomas potentially breaching ethics regulations to the Justice Department.
As part of this development, Justice Thomas has committed to adhering to newly established rules concerning the reporting of trips and gifts. These updates include more defined guidelines pertaining to hospitality received from friends, as outlined in correspondence from the U.S. Judicial Conference to Democratic senators who had requested an inquiry into undisclosed luxury travel.
Previously, Thomas contended that there was no obligation for him to disclose the numerous trips that he and his wife took, which were funded by affluent benefactors like notable Republican donor Harlan Crow, claiming that they are close personal friends. A request for comment from the Supreme Court on this matter was not immediately addressed.
In response to ongoing scrutiny, the Supreme Court established its inaugural ethics code in 2023; however, this new set of guidelines still lacks a method for enforcement.
There is uncertainty about whether the law permits the U.S. Judicial Conference to make a criminal referral concerning a sitting Supreme Court justice, as noted by U.S. District Judge Robert Conrad, who also serves as the conference’s secretary. This conference, which determines policy for the federal court system, is overseen by Chief Justice John Roberts.
Judge Conrad indicated that a referral was unnecessary in this case since two Democratic senators had previously urged Attorney General Merrick Garland to appoint a special counsel to investigate during the summer, although such an appointment has not yet been made public.
Democratic Senator Sheldon Whitehouse criticized the judiciary, suggesting it is evading its legal responsibility to ensure accountability for ethics breaches involving a Supreme Court justice.
Conrad also responded similarly to another complaint put forth by the conservative legal organization, the Center for Renewing America, which raised concerns about Justice Ketanji Brown Jackson’s reports regarding her husband’s consulting income. In response, Jackson has amended her financial disclosures and agreed to comply with updated reporting guidelines, as communicated by Conrad.
A spokesperson for the Center for Renewing America, Rachel Cauley, expressed disappointment, stating that it was unfortunate that the oversight regarding the liberal justice’s financial activities would not have been identified and rectified without their formal complaint.
