Democrats Criticize Supreme Court’s Ethics as Senate Report Concludes Investigation

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A Senate Judiciary Committee report released by Democrats has accused the Supreme Court of ethical failings and called for reforms. This investigation, concluded just before Republicans assume control of the Senate, underscores a contentious debate over the court's accountability and transparency.  

 

“The Supreme Court has mired itself in an ethical crisis of its own making by failing to address justices’ ethical misconduct for decades,” the report asserts. Spanning 95 pages, the document outlines a series of alleged ethical breaches, including Justice Clarence Thomas’s undisclosed trips with billionaire Harlan Crow. These trips, first exposed by ProPublica in April 2023, served as the catalyst for the investigation.  

 

The controversy over the court’s ethics led to the adoption of a new ethics code in November 2023, but critics, including those behind the report, argue the code lacks substance. Without enforcement mechanisms, many view it as a superficial attempt at reform.  

 

Democrats on the Judiciary Committee, chaired by Senator Richard Durbin of Illinois, expressed frustration that Chief Justice John Roberts refused to participate in the investigation. They have urged Congress to implement stricter regulations, including an enforceable code of conduct for the justices, overseen by an independent review panel.  

 

The committee’s legislative push this year reflected these priorities, but the proposed bill was blocked by Republicans, who have consistently opposed such measures. “An enforceable code of conduct for the Supreme Court is essential in light of the court’s failure to police itself,” the report contends.  

 

The report also criticizes lapses in recusal practices, with particular attention on Justice Thomas. It highlights his decision not to recuse himself from cases related to the January 6, 2021, Capitol attack, despite his wife, Ginni Thomas, supporting then-President Donald Trump’s efforts to overturn the 2020 election.  

 

Further criticisms target the Judicial Conference, the court’s administrative body, for its inability to enforce financial disclosure regulations. This lack of accountability has contributed to broader concerns about the court's impartiality and ethical standards.  

 

Predictably, the report has drawn pushback from conservatives. Mark Paoletta, an ally of Justice Thomas, dismissed the investigation in a post on X, asserting that its true intent was to undermine the court for failing to align with Democrats’ political objectives. “This entire investigation was never about ‘ethics’ but about trying to undermine the Supreme Court because the Court is no longer acting like a super legislature handing down opinions implementing the Democrats’ political agenda,” Paoletta argued.  

 

With Republicans poised to take control of the Senate, the Democrats' report may mark the end of the current chapter in efforts to reform the Supreme Court. Yet the findings and calls for change are likely to fuel ongoing debates about the role and accountability of the judiciary in a polarized political landscape.

 

Based on a report by NBC 2024-12-23