Senate Democrats expressed strong criticism of Justice Clarence Thomas following reports that he did not disclose luxury travel, gifts, and a real estate deal with a prominent Republican donor. However, their strategy for investigating these ethics allegations remains uncertain. Senate Judiciary Chairman Dick Durbin announced plans for a hearing on the matter but did not provide specifics on whether Justice Thomas or others involved, like Texas billionaire Harlan Crow, would be called to testify.
When asked about the possibility of issuing subpoenas, Durbin stated that no decisions had been made and it was too early to outline the committee's approach to Supreme Court ethics. Last week, Durbin and other Democrats on the Judiciary Committee urged Chief Justice John Roberts to initiate an investigation into the allegations against Thomas.
Senator Richard Blumenthal emphasized the public's right to know the full details of Thomas's alleged legal violations and suggested that if Thomas does not voluntarily testify, subpoenas should be considered for him and others with relevant information.
While Democrats are still formulating their response, Republicans largely defend Thomas, arguing that the Supreme Court should manage its own affairs. Senate Minority Leader Mitch McConnell criticized Democrats for targeting the court and expressed confidence in Chief Justice Roberts to address internal issues.
Efforts to increase transparency in the Supreme Court have seen some bipartisan support, but recent shifts to the right, especially with appointments by former President Donald Trump, have heightened partisan tensions. The conservative majority has made significant rulings on issues like abortion rights and gun regulations, prompting Democratic backlash.
Despite the lack of a concrete plan from Senate Democrats, they continue to push for a Supreme Court code of ethics, as the court is exempt from many rules that apply to lower courts. Senator Alex Padilla stressed the need for judges at all levels to adhere to strict ethical standards.
Durbin argued that the Supreme Court should not wait for congressional action to address ethical concerns, suggesting that justices could take immediate steps to improve their conduct.
Recent reports highlighted unreported luxury travel and gifts from Crow to Thomas, as well as a real estate transaction. Thomas claimed he was advised these did not need to be disclosed due to a "personal hospitality" exemption in the court's rules. Following scrutiny, the Judicial Conference recently closed a loophole that had allowed such omissions. Thomas intends to comply with the updated guidance and amend his disclosure forms accordingly.
Senator Mitt Romney expressed rare Republican criticism of Thomas, while others defended him, asserting that Congress should not impose an ethics code on the court. Senator Josh Hawley suggested the allegations were part of a long-standing effort by liberal groups to target Thomas.
This controversy is not new for Thomas, who faced scrutiny last year over his wife's political activities. Despite this, Republicans show little interest in joining Democrats to legislate an ethics code for the justices, with some preferring the court to handle matters internally.