Senate Democrats have criticized Justice Clarence Thomas following reports that he did not disclose luxury trips, gifts, and a real estate deal with a prominent Republican donor. However, their strategy for investigating these ethics concerns remains uncertain. Senate Judiciary Chairman Dick Durbin has committed to holding a hearing on the alleged violations soon, but has not provided specifics on whether Thomas or others involved, such as Texas billionaire Harlan Crow, will be asked to testify.
When questioned about the possibility of subpoenas, Durbin stated that no decision has been made and it is too early to outline the committee's approach to Supreme Court ethics. Durbin, along with other Judiciary Democrats, has urged Chief Justice John Roberts to initiate an investigation into the allegations against Thomas.
Senator Richard Blumenthal emphasized the need for transparency, suggesting that Thomas should voluntarily appear before the committee, with subpoenas as a potential measure if he does not. Other Democrats on the committee are looking to Durbin for guidance, as they met to discuss their approach to the situation.
Republicans largely support Thomas, arguing that the Supreme Court can manage its own affairs. Senate Minority Leader Mitch McConnell criticized Democrats for targeting the court and expressed confidence in Roberts to address internal issues.
While there has been some bipartisan interest in increasing transparency within the Supreme Court, the court's conservative shift, especially with the appointments made by former President Donald Trump, has intensified partisan tensions. The conservative majority has made significant rulings on issues like abortion rights, gun regulations, and executive powers, drawing criticism from Democrats.
Despite the lack of a clear plan from Senate Democrats, they continue to emphasize the importance of a code of ethics for the Supreme Court, which is not bound by the same ethical guidelines as lower federal courts. Senator Alex Padilla expressed concern over the reports of potentially unethical conduct at the highest judicial levels and stressed the need for strict ethical standards.
Durbin argued that the Supreme Court should not wait for Congress to act and could implement changes independently. Recent reports have highlighted unreported luxury travel and gifts received by Thomas from Crow, as well as a real estate transaction. Thomas has stated that he was advised these did not need to be disclosed under the court's rules for "personal hospitality." Following scrutiny, the Judicial Conference has closed a loophole in these rules, and Thomas plans to amend his disclosure forms accordingly.
Some Republicans, like Senator Mitt Romney, have criticized Thomas' lack of transparency, but many others defend him, asserting that Congress should not impose an ethics code on the Supreme Court. Senator Josh Hawley suggested that the accusations are part of a long-standing effort by liberal groups to target Thomas.
This is not the first time Thomas has faced ethics scrutiny. Last year, it was reported that his wife, Ginni Thomas, was involved in political lobbying that raised questions about when justices should recuse themselves from cases. Despite this, Republicans have shown little interest in joining Democrats in legislating an ethics code for the justices, with some preferring the court to handle such matters internally.