The top court’s review urges an enforceable code of Conduct
The investigation of Supreme Court Ethics by Democratic Senators lasted nearly two years. It revealed more luxury travels by Justice Clarence Thomas. They also urged Congress to create a code of conduct to be enforced.
As Republicans prepare to control the Senate in January it is unlikely that any movement will be made on this issue. This highlights the difficulties in imposing restrictions on another branch of government, especially when public confidence in the courts has reached record lows.
The 93-page Senate Judiciary Committee report, released on Saturday by the Democratic Majority, found that Thomas had taken additional trips in 2021 — which were not included in his annual financial disclosure — and these trips were provided by Harlan Crow. Harlan Crow is a Texas real estate mogul who has been a patron of Thomas for many years.
Thomas spent five days at Crow’s retreat in upstate New York during a private jet trip from Nebraska that took place in July. Crow hosted Thomas in New York overnight on his yacht in October after flying him to New Jersey from District of Columbia for a statue dedication. This was one of over two dozen occasions detailed in the report where Thomas received luxury travel and gifts.
The court adopted its code of ethics for 2023. However, it is up to the nine justices whether they comply.
In a press release, Illinois Senator Dick Durbin said that the highest court of the country cannot have the lowest standards of ethics. He has called for an ethical code that is enforceable since he was a child.
Republicans protested against the subpoenas issued to Crow and others in the course of the investigation. The final report was not signed by any Republicans, and they were not expected to submit a formal report.
Mark Paoletta is a friend of Thomas’s who was selected to be part of the Trump administration. He said that the report was intended for conservatives with rulings Democrats did not agree with.
In a post on X, Paoletta stated that “this entire investigation was not about ‘ethics.’ It was about trying to undermine Supreme Court.”
The court didn’t immediately respond to a comment request.
Thomas said that he did not have to disclose trips that he took with Ginni Thomas and Crow, because Crow is a family friend and the disclosure of this type of travel wasn’t required before. Thomas reported certain trips after the new code of ethics was implemented. Crow maintains that he never spoke with his friend regarding pending court matters.
The report says that Justice Antonin Scalia “established the tradition” of accepting gifts without disclosure and taking hundreds of trips during his tenure on the bench. It said that retired Justice Stephen Breyer and the late Justice Ruth Bader Ginsberg also took trips at a reduced rate but reported them on their annual reports.
Thomas, according to the investigation, has received gifts and paid for travel worth over $4.75m since his confirmation in 1991. However, Thomas failed to disclose most of this. The report stated that “the number, value and extravagance” of gifts received by Justice Thomas are unmatched in modern American History.
The report also described a luxury trip taken by Justice Samuel Alito to Alaska in 2008. He claimed he had been exempted by previous ethics rules from disclosing his trip.
Alito also refused to withdraw from cases involving Donald Trump, or the attack on the Capitol in 2021 after flags related to the riots were seen flying outside two of Alito’s homes. Alito said that the flags had been flown by his wife.
Thomas has also ignored calls for her to withdraw from any cases that involve Trump. Ginni Thomas supported Trump in his efforts to reverse the 2020 presidential elections that the Republican Joe Biden lost to.
The report also drew attention to Justice Sonia Sotomayor who, with the help of her staff, promoted sales of her book through college visits in the last decade.
Biden is the most prominent Democrat to call for a code of conduct. Justice Elena Kagan publicly supported adopting a enforcement mechanism. However, some ethics experts said that it could be legal tricky.
Justice Neil Gorsuch cited the code recently when he recused from an environmental case. He was under pressure to step down because the outcome of the case could benefit a Colorado billionaire Gorsuch had represented before becoming a court judge.
The report calls for further investigations by Congress and changes to the Judicial Conference (the federal courts’ overseeing body headed by Chief Justice John Roberts).
Source: https://enewspaper.sun-sentinel.com/infinity/article_share.aspx?guid=2990f008-4f15-4e15-9d64-f72fbd758920

Source: https://enewspaper.sun-sentinel.com/infinity/article_share.aspx?guid=2990f008-4f15-4e15-9d64-f72fbd758920