What's New
A nearly two-year investigation by Democratic senators into U.S. Supreme Court ethics has revealed more luxury travel by conservative Justice Clarence Thomas and called for Congress to establish a mechanism to enforce a new code of conduct.
Also, among the 14 findings in the 93-page report that was released Saturday, the Senate Judiciary Committee reported that conservative Justice Samuel Alito misused the "personal hospitality" exemption during a 2008 luxury trip to Alaska.
Newsweek has emailed the Supreme Court public information office Saturday morning for comment.
Why It Matters
The Court, facing mounting pressure over alleged ethics violations primarily aimed at Thomas and Alito, issued its first-ever formal code of conduct in November 2023. However, the code was immediately met with criticism for lacking any concrete means of enforcement, leaving many to question its practical impact on the justices' behavior.
What To Know
The report stated that the two previously unknown trips by Thomas took place in 2021 and were provided by Harlan Crow, a Texas real estate magnate who frequently patronizes Thomas.
One trip occurred in July where Thomas traveled by private jet from Nebraska to Saranac, New York, and stayed at Crow's upstate retreat for five days. The other trip happened in October where Crow flew Thomas round trip from Washington, D.C. to New Jersey for a statue dedication, also hosting him overnight in New York on his yacht.
"The number, value, and extravagance of the gifts accepted by Justice Thomas have no comparison in modern American history," according to the report.
According to the Associated Press, Republicans protested the subpoenas authorized for Crow as part of the investigation. No Republicans signed on to the final Senate report, and no formal report from the GOP was expected.
Thomas has previously said that he was not required to disclose the trips he and his wife, Ginni, took with Crow because the prominent donor is a close family friend, and such travel was not previously mandated for disclosure. However, the new Supreme Court ethics code now explicitly requires it, and Thomas has retrospectively reported some of the travel. Crow has asserted that he has never discussed pending matters before the Court with his friend.
The report traces the practice back to late conservative Justice Antonin Scalia, stating that he "established the practice" of accepting undisclosed gifts and taking hundreds of trips over his tenure on the bench. It notes that the late liberal Justice Ruth Bader Ginsburg and retired liberal Justice Stephen Breyer also partook in subsidized trips but reported them on their annual disclosure forms. The investigation found that since his 1991 confirmation, Thomas has accepted gifts and travel from wealthy benefactors valued at over $4.75 million by some estimates, much of which he failed to disclose.
The Senate report highlights Alito's resistance to recuse himself from cases involving President-elect Donald Trump or the January 6, 2021, U.S. Capitol riot after flags associated with the insurrection were seen flying at two of his homes. Alito stated that the flags were raised by his wife. Similarly, Thomas has ignored calls to step aside from cases involving Trump. Ginni Thomas reportedly supported Trump's alleged efforts to overturn the 2020 presidential election, which he lost to Democrat Joe Biden.
The report also highlighted scrutiny of liberal Justice Sonia Sotomayor, who, with the assistance of her staff, has promoted sales of her books through college visits over the past decade.
What People Are Saying
Attorney Mark Paoletta, a longtime friend of Thomas who has previously represented Ginni Thomas, posted on X, formerly Twitter: "This entire investigation was never about 'ethics' but about trying to undermine the Supreme Court."
Senator Dick Durbin, an Illinois Democrat and the Judiciary Committee's chairman, said in a statement: "The highest court in the land can't have the lowest ethical standards.
What's Next
Outgoing President Joe Biden has been the most vocal Democrat advocating for a binding code of conduct for Supreme Court judges. Liberal Justice Elena Kagan has publicly supported the implementation of an enforcement mechanism.
Movement on the issue, however, seems unlikely as Republicans are set to take control of the Senate in January, highlighting the challenges of imposing restrictions on a separate branch of government amid declining public confidence in the Court.
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