Here Are The Recent Controversies Supreme Court Justices Have Been Caught Up In

Topline

The Senate Judiciary Committee is set to vote Thursday on legislation that would impose ethics rules on the Supreme Court—though it faces long odds of passing—as a string of recent ethical issues at the court have ramped up lawmakers’ efforts to institute reforms.

The U.S. Supreme Court building at dusk on Capitol Hill in Washington, Nov. 16, 2022.

Key Facts

Thomas and Harlan Crow: Lawmakers renewed their calls for ethics reform after ProPublica revealed Justice Clarence Thomas accepted gifts and luxury travel from GOP megadonor Harlan Crow for years without disclosing it as federal law requires, and Crow reportedly purchased Georgia real estate from Thomas in 2014—including the home where the justice’s mother still lives—and paid for Thomas’ grand-nephew’s private school tuition.

Thomas’ Wife: 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 was hearing 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.

Thomas and the Horatio Alger Society: The New York Times reported in July that Thomas has for years received “benefits … from a broader cohort of wealthy and powerful friends”—some of whom had business before the court—through his membership in the Horatio Alger Society, including more luxury travel and a Super Bowl ring.

Alito’s Travel: ProPublica reported Justice Samuel Alito took a luxury fishing trip with billionaire Paul Singer, whose hedge fund has repeatedly had business before the court, without disclosing it—which Alito defended in a Wall Street Journal op-ed that came out before the ProPublica report, claiming he didn’t know about Singer’s connection to the cases or feel he had to disclose the trip, and he flew on Singer’s private jet in a seat that “would have otherwise been vacant.”

Alito and Burwell v. Hobby Lobby: Alito also drew attention after the New York Times reported in November a conservative activist knew the ruling in 2014’s Burwell v. Hobby Lobby after donors of his had dinner with the justice, which sparked a hearing before the House Judiciary Committee in December.

Sotomayor’s Books: An Associated Press report found Justice Sonia Sotomayor’s staff have “prodded” public institutions where the justice was speaking to buy copies of her books, giving the appearance of an ethical conflict as the liberal-leaning justice appeared to “forcefully [leverage] publicly sponsored travel to boost book sales.”

Gorsuch’s Real Estate: Politico reported Justice Neil Gorsuch 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.

Roberts’ Wife: Chief Justice John Roberts has come under scrutiny in light of reports his wife earned more than $10 million in commissions as part of her work as a recruiter matching attorneys with law firms, some of which have had cases before the Supreme Court.

Public Institutions: The AP’s reporting on Sotomayor was part of a broader investigation that found Supreme Court justices’ appearances at public colleges and universities routinely are used by schools to generate donations and often result in them mingling with donors who may have business before the court, as well as partisan politicians.

Justices Socializing With The Right: Conservative-leaning justices including Gorsuch and Justice Brett Kavanaugh have raised eyebrows for attending events and socializing with right-wing politicians and figures, with Gorsuch appearing last year at a closed-press event for the Federalist Society alongside GOP politicians and Kavanaugh attending a holiday party hosted by the head of the Conservative Political Action Coalition (CPAC).

What To Watch For

The Senate Judiciary Committee is set to vote Thursday on the Supreme Court Ethics, Recusal and Transparency Act of 2023, legislation introduced by Sen. Sheldon Whitehouse (D-R.I.). The bill would impose a code of conduct on justices and implement requirements around the disclosure of gifts, travel and income, as well as expand when justices should be disqualified from hearing a case. It would also impose a system for people to file complaints with the court about any alleged violations of the ethics code, creating a “judicial investigation panel” made up of circuit court judges to hear the complaints. The legislation is extremely unlikely to pass, as Republicans have expressed opposition to Democrats’ Supreme Court reform efforts and cast them as a partisan campaign to punish the 6-3 conservative court for issuing rulings the left doesn’t like. Democrats have also urged Roberts to implement a code of ethics at the court without the help of Congress, which the chief justice has so far not expressed any interest in doing.

Crucial Quote

“The Supreme Court is now on recess—at home with their families and traveling on vacation. I wish them many sunny days, but even if the sun is shining, there is still a shadow over the Supreme Court,” Senate Judiciary Chair Sen. Dick Durbin (D-Ill.) said in a statement when the committee announced it would take up the legislation. “The solution to the problems we’re seeing at the Supreme Court is a simple one. They need—like every other [federal] court in America—to adopt an enforceable code of ethics.”

Chief Critic

The Supreme Court’s justices have defended their lack of a binding ethics code by maintaining they voluntarily follow the one for lower federal judges. In a statement declining the Senate Judiciary Committee’s call to testify before the committee in May, Roberts attached a “Statement of Ethics and Principles” signed by the nine justices, which said they voluntarily subscribe to ethical principles, like disclosing conflicts of interest. Thomas and Crow have defended their relationship and the gifts Crow has given Thomas in light of the ProPublica reports, and Crow has said he’s never discussed any cases with the justice. The court told the AP in response to its reporting that justices “exercise caution in attending events that might be described as political in nature,” and said Sotomayor’s book sales were in line with ethics guidelines and “at no time have attendees been required to buy a book in order to attend an event.”

Key Background

The Supreme Court’s lack of an ethics code has become a growing source of controversy in recent years, and Justice Elena Kagan testified to Congress in 2019 that the issue was “something that’s being thought very seriously about” at the court. The Washington Post reported in February the court has been actively discussing imposing a code of ethics for at least four years, but still hasn’t been able to impose one or decided if they will. The 6-3 conservative leaning court has seen its public approval rating plummet in recent years amid ethics controversies and as the public has viewed the court as becoming too political, adding to the scrutiny of the court and ramping up cries for justices to avoid conflicts of interest. Legal scholars and the American Bar Association have called for the court to impose a code of ethics, and Thomas’ controversies involving Crow and his wife’s political activism have also sparked calls for him to be impeached or resign.

Here Are The Recent Controversies Supreme Court Justices Have Been Caught Up In—As Senate Committee Votes On Ethics Bill