On Saturday, December 21, 2024, The Guardian reported that a nearly two-year investigation conducted by Democratic senators revealed extensive luxury travel taken by Supreme Court Justice Clarence Thomas, funded by wealthy benefactors. The inquiry has urged Congress to establish a mechanism to enforce a new code of conduct for justices.
The findings were included in a 93-page report released by the Democratic majority of the Senate Judiciary Committee. The report highlights several trips Thomas took in 2021 that were not disclosed on his annual financial disclosure form. Notable among these were a private jet flight to New York’s Adirondacks in July and a trip to New York City in October, which included both a jet and yacht provided by billionaire Harlan Crow. This marks one of more than two dozen instances documented in the report where Thomas accepted luxury travel and gifts from affluent donors.
In 2023, the Supreme Court adopted its first code of ethics, but compliance is left to the discretion of each of the nine justices. Senator Dick Durbin, chair of the committee, emphasized that “the highest court in the land can’t have the lowest ethical standards,” advocating for an enforceable code.
The investigation has sparked controversy, with Republican committee members arguing that it serves to undermine the conservative majority of the court. All Republican members protested against the subpoenas issued for Crow and other individuals involved in the inquiry. No Republicans signed the final report, and no formal rebuttal was anticipated from them.
Justice Thomas has defended his actions by stating that he was not obligated to report the trips he and his wife, Ginni, took with Crow, as the billionaire is a close family friend and previous disclosure requirements did not necessitate such reporting. However, following the implementation of the new ethics code, Thomas has retroactively reported some of his travel.
The report also traces the practice of accepting undisclosed gifts back to the late Justice Antonin Scalia, who reportedly established a precedent for such practices during his tenure. The document notes that while Justices Ruth Bader Ginsburg and Stephen Breyer accepted subsidized trips, they did disclose these on their annual forms.
According to estimates in the report, Thomas has accepted gifts and travel valued at over $4.75 million since his confirmation in 1991, with much of this remaining undisclosed. The report asserts that the scale and opulence of the gifts received by Justice Thomas are unprecedented in modern American legal history.
Additionally, the investigation highlighted a luxury trip to Alaska taken by Justice Samuel Alito in 2008, which he claims was exempt from disclosure under prior ethical guidelines. Alito has faced criticism for not recusing himself from cases involving Donald Trump and the January 6 Capitol attack, despite flags related to the riot being visible at his residences.
Justice Thomas has similarly faced calls to recuse himself from cases tied to Trump, particularly since Ginni Thomas was involved in efforts to contest the 2020 election results.
The report also examined Justice Sonia Sotomayor, who has promoted sales of her books through college visits over the past decade, raising questions about potential conflicts of interest, as justices have heard cases involving their book publishers and companies in which they hold stock.
President Joe Biden has been a prominent advocate for a binding code of conduct for Supreme Court justices. Justice Elena Kagan has publicly supported the adoption of an enforcement mechanism, although some ethics experts have noted potential legal challenges. Recently, Justice Neil Gorsuch recused himself from an environmental case, citing the code of conduct, following calls for him to step aside due to previous representation of a billionaire benefitting from the case.
The report calls for significant changes within the Judicial Conference, the federal court system’s oversight body led by Chief Justice John Roberts, and recommends further investigation by Congress into the ethical practices of the Supreme Court.
Source: The Guardian
