A comprehensive investigation conducted by Senate Democrats into alleged ethical breaches by Supreme Court justices has concluded with the publication of a report on Saturday that criticizes the judiciary and advocates for legislative reforms that the incoming Republican leadership opposes. With Republicans poised to assume control of the Senate in January, the report is likely to be the final word on the matter for the foreseeable future.
“The Supreme Court finds itself engulfed in an ethical quandary of its own creation by neglecting to address justices’ ethical transgressions over the course of decades,” asserts the report, which spans 95 pages.
The document meticulously outlines the previously disclosed alleged improprieties, such as undisclosed trips made by Justice Clarence Thomas in the company of his friend, billionaire Harlan Crow. The investigation was catalyzed by ProPublica’s reporting on these trips commencing in April 2023.
While the heightened scrutiny on the court’s ethical standards ultimately prompted the justices to adopt a new ethics code in November 2023, criticism swiftly followed due to the absence of a robust enforcement mechanism.
Within the report, Democrats express disappointment at Chief Justice John Roberts’ decision to abstain from engaging with the Judiciary Committee, helmed by Sen. Richard Durbin (D-Illinois). The Democrats additionally advocate for the enactment of legislation mandating the establishment of a more stringent code of conduct that permits independent review of ethics complaints.
This year, the proposed bill secured approval from the Judiciary Committee along party lines, only to be blocked by Republicans from proceeding to a final vote on the Senate floor.
“The implementation of an enforceable code of conduct for the Supreme Court is imperative given the court’s failure to self-regulate,” states the report.
Further revelations from the report highlight lapses by the justices in identifying conflicts of interest necessitating recusal. Justice Thomas draws particular censure for his failure to recuse himself from cases related to the January 6, 2021, assault on the Capitol by supporters of then-President Donald Trump due to the involvement of his wife, Ginni Thomas, in supporting Trump’s endeavors to overturn the 2020 election results.
The report also casts aspersions on the judiciary’s administrative arm, criticizing the Judicial Conference for its alleged failure to enforce regulations concerning financial disclosures.
In anticipation of the report’s release, Mark Paoletta, a staunch ally of Justice Thomas, launched a robust defense of the justices in a detailed exposé on X.
“This entire inquiry was never about ‘ethics’ but rather an attempt to undermine the Supreme Court because the Court is no longer acting as a super legislative body issuing decrees to advance the political agenda of the Democrats,” Paoletta contended.
