A top Senate Democrat accused conservative Supreme Court justices of breaching federal disclosure laws in a lengthy report released Saturday, capping a months-long inquiry by the Senate Judiciary Committee and coming just weeks before Republicans gain control of the chamber.
According to aides to Sen. Dick Durbin, an Illinois Democrat and head of the committee, the refusal of conservative Justices Clarence Thomas and Samuel Alito to declare extravagant flights and other gifts from wealthy businessmen “constitutes a violation of federal law.”
Durbin’s report is perhaps the most extensive to yet, including luxury travel, private jet flights, and property deals negotiated for several of the judges, while it focuses on trips and presents that have been public for months. The report appears to be intended to set out a record of questionable ethics on the court as Democrats prepare to give over power to the Republicans.
“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,” Durbin claimed in a statement. “It’s clear that the justices are losing the trust of the American people at the hands of a gaggle of fawning billionaires.”
Similar charges have been made before, including by Durbin, and the federal judiciary’s policymaking branch has been investigating claims that Thomas’ actions violated disclosure law for almost a year. Both Thomas and Alito have claimed the “personal hospitality” exemption from annual reporting obligations, claiming that it absolved them of the responsibility to report the trips.
The federal judiciary clarified last year that jurists must declare non-business resort stays and the usage of private jets. In response to the controversy over the Thomas travels, the Supreme Court issued its first code of conduct a year ago, but the document was instantly criticized because it lacks an enforcement mechanism.
Durbin’s report also details a scandal this year involving two controversial flags, including an upside-down US flag, that were flown above Alito’s residences. It further claimed that Thomas “violated the law on multiple occasions” by refusing to recuse himself in matters involving the 2020 presidential race, despite his wife Ginni Thomas’ political campaigning in support of then-President Donald Trump.
Federal law affords justices broad discretion in recusal decisions. It requires them to withdraw when a spouse has a “interest that could be substantially affected by the outcome” of a proceeding.
Republicans, including Trump, have backed Thomas and Alito, accusing Democrats of attempting to undermine the court’s conservative majority by concentrating on ethics.
With Republicans taking control of the Senate and the White House, ethical legislation that Durbin and other Senate Democrats have endorsed in recent months are almost certain to be tabled.