Democratic Sen. Dick Durbin says the high court ‘is mired in an ethical crisis of its own making.’
The Senate Judiciary Committee urged Congress to require the Supreme Court to enforce judicial ethical standards in an investigative report that was released on Dec. 21.
Action on the report seems unlikely as Republicans gear up to assume control of the Senate next month. Republican leadership opposes the Democrat-sponsored court reform proposals.
Congressional Democrats have been demanding reforms in recent years as they have grown increasingly incensed by Supreme Court rulings they disagree with on issues such as abortion, gun rights, environmental policy, and the power of the administrative state.
Republicans say the proposed Supreme Court Ethics, Recusal, and Transparency Act (SCERT) is unconstitutional and motivated by a partisan animus. The bill, introduced by Sen. Sheldon Whitehouse (D-R.I.), would empower a panel of lower court judges to investigate complaints against the justices and order disciplinary actions.
The Senate Judiciary Committee approved the bill on a party-line vote in July 2023 but it has since been stalled.
The report, in the works for two years, also stated that the court, under the leadership of Chief Justice John Roberts, has failed to properly prepare justices’ financial disclosures or to review recusals in pending cases.
“Now more than ever before, as a result of information gathered by subpoenas, we know the extent to which the Supreme Court is mired in an ethical crisis of its own making. Whether failing to disclose lavish gifts or failing to recuse from cases with apparent conflicts of interest, it’s clear that the justices are losing the trust of the American people at the hands of a gaggle of fawning billionaires.
“The highest court in the land can’t have the lowest ethical standards. So long as Chief Justice Roberts and the Judicial Conference refuse to act, we must push for a legislative solution to this crisis to restore trust in the highest court.”
The new report recommended that Congress develop and impose an enforceable code of conduct on the Supreme Court.
“Further investigation—ideally with the cooperation of the justices—is needed to understand how the justices allowed these ethical lapses to occur and how to effectively address these failures going forward,” the committee said.
The report also said the Judicial Conference “must be reformed and its internal operations improved.” Doing this would require action by Congress, in addition to changes at the Judicial Conference and the Administrative Office of the U.S. Courts.
The report criticized Justices Clarence Thomas and Samuel Alito for allegedly failing to disclose gifts they received.
Thomas, who allegedly took in millions of dollars in gifts from friends including billionaire Republican donor Harlan Crow, “has accepted largesse from benefactors in amounts that have no comparison in modern American history.”
Alito allegedly violated federal law by not originally disclosing a 2008 fishing trip to Alaska underwritten by billionaire hedge fund magnate Paul Singer.
Both justices have denied wrongdoing, saying they complied with guidance in effect at the time that relied on a broad definition of “personal hospitality.”
Senate Republicans have countered that there is no evidence that any gifts the two justices received were related to cases before the Supreme Court.
The Epoch Times reached out to the Supreme Court, Roberts, Thomas, and Alito for comment. No replies were received by publication time.
The Associated Press contributed to this report.
