"The Judicial Branch of our Government – Ethics Reforms for the Supreme Court" - S 2 EP 18
My Citizen Legislators, the hits keep coming about the Supreme Court. Today I want to discuss the recent lapses of members of the Supreme Court of the United States (SCOTUS). ProPublica is an independent, nonprofit newsroom that produces investigative journalism with a moral force. According to the ProPublica website, its mission is – To expose abuses of power and betrayals of the public trust by government, business, and other institutions, using the moral force of investigative journalism to spur reform through the sustained spotlighting of wrongdoing.
ProPublica investigating stories have shed sunshine on how members of SCOTUS have crossed the ethical line, and the integrity of the court is in question. The Senate Judiciary Committee held a hearing on Supreme Court Ethics Reform on May 2, 2023. Witnesses testifying at the hearing were:
The Honorable Jeremy Fogel
Executive Director, Berkeley Judicial Institute and Former U.S. District Judge for the Northern District of CA
University of California, Berkeley Law School
Washington, D.C.
Kedric Payne
Vice President, General Counsel, & Senior Director of Ethics
Campaign Legal Center
Washington, D.C.
Amanda Frost
John A. Ewald Jr. Research Professor of Law
University of Virginia School of Law
Charlottesville, VA
The Honorable Michael B. Mukasey
Former United States Attorney General and Former U.S. District Judge for the Southern District of NY
New York, NY
Thomas H. Dupree Jr.
Partner and Co-Chair of the Appellate and Constitutional Law Practice Group
Gibson, Dunn & Crutcher
Washington, D.C.
Senate Judiciary Committee Chairman, Senator Richard Durbin (D-IL) invited SCOTUS Chief Justice John Roberts to testify and he declined. He called such testimony by chief justice’s was “exceedingly rare”.
Forbes.com Here Are The Recent Controversies Supreme Court Justices Have Been Caught Up In—As Senate Hears Case For Code Of Ethics
KEY FACTS
The Senate committee will hold a hearing on Supreme Court ethics reform with a panel of legal experts, after committee chair Sen. Dick Durbin (D-Ill.) invited Chief Justice John Roberts to testify at the hearing and he declined.
Lawmakers have renewed their push for a binding ethics code—which the justices do not have, unlike lower federal judges—following ProPublica reports detailing Justice Clarence Thomas’ dealings with GOP megadonor Harlan Crow, whom Thomas has reportedly accepted gifts and luxury travel from for years without disclosing it as federal law requires.
Crow also purchased real estate in Savannah, Georgia, from Thomas in 2014—including the home where the justice’s mother reportedly still lives—ProPublica reported, which was also not disclosed as required.
Thomas has also drawn significant controversy over his wife, Ginni Thomas’ right-wing activism, particularly as she supported efforts to overturn the 2020 election as Thomas heard cases on it, and the justice has been criticized for failing to recuse himself in a case concerning documents being turned over to the House January 6 Committee.
Justice Neil Gorsuch then came under fire as Politico reported he sold real estate to the head of a law firm with business before the court in a 2017 transaction that took place days after Gorsuch was sworn in as a justice.
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ProPublica.org: FRIENDS OF THE COURT Clarence Thomas’ Beneficial Friendship With a GOP Megadonor
ProPublica.org: The Origins of Our Investigation Into Clarence Thomas’ Relationship With Harlan Crow
Bloomberglaw.com: Supreme Court Has a Lot to Learn About Ethics From Other Branches
Senate Judiciary Committee Hearing on Supreme Court Ethics Reform May 2 2023
NPR.org: Chief Justice Roberts declines to testify before Senate panel
SCOTUS.blog.com: Roberts declines invitation to testify at Senate hearing
NPR.org: Dueling narratives at the Senate hearing on the Supreme Court
