Chief Justice John G. Roberts Jr. rejected an invitation by Senate Democrats to testify about the high court’s ethics next week.
In a six-page letter, he said chief justice testimony is exceedingly rare, citing “separation of powers concerns and the importance of preserving judicial independence.”
“I must respectfully decline your invitation,” he wrote.
Instead, he detailed the high court’s ethics standards, saying the court has generally followed the Judicial Conferences’ Code of Ethics that are binding on lower courts — but not the Supreme Court — since 1991.
“The Justices, like other federal judges, consult a wide variety of authorities to address specific ethical issues. They may turn to judicial opinions, treatises, scholarly articles, disciplinary decisions, and the historical practice of the Court and the federal judiciary. They may also seek advice from the Court’s Legal Office and from their colleagues,” he wrote.
He said they file financial disclosures that are reviewed by the Judicial Conference financial committee, and also follow what lower courts do with recusals. Though, he noted it’s a bit flexible given the composition of the high court.
“A recusal consideration uniquely present for Justices is the impairment of a full court in the event that one or more members withdraws from a case. Lower courts can freely substitute one district or circuit judge for another,” the chief justice wrote.
He also said the justices’ security has faced increased threats. He said that at times they do not disclose justices’ travel for security reasons.
“Recent episodes confirm that such dangers are not merely hypothetical,” he added, possibly referring to attempted-murder charges being brought against a pro-choice activist accused of traveling to the home of Justice Brett M. Kavanaugh last year after leaked news that the high court was preparing to undo the federal right to abortion.
Sen. Richard J. Durbin, Illinois Democrat and Judiciary Committee chairman, sent a letter to Justice Roberts last week, asking him — or another justice he designates — to join a hearing set for May 2 about legislation to establish a code of conduct for the high court.
The same committee also sent Justice Roberts a letter earlier this month asking him to probe Justice Clarence Thomas’ gifts and travel after a ProPublica report that he accepted lavish trips from GOP donor Harlan Crow.
Justice Thomas was forced to defend his more than 25-year relationship with Mr. Crow, saying the court signed off on their families’ vacations together.
“Harlan and Kathy Crow are among our dearest friends, and we have been friends for over 25 years. As friends do, we have joined them on a number of family trips during the more than a quarter-century we have known them,” Justice Thomas said in a statement released Friday by the Supreme Court.
He added, “Early in my tenure at the court, I sought guidance from my colleagues and others in the judiciary and was advised that this sort of personal hospitality from close personal friends, who did not have business before the court, was not reportable.”
In March, the Judicial Conference adopted new rules requiring federal judges — including Supreme Court justices — to disclose gifts and trips paid for by third parties.
The ProPublica article said Justice Thomas failed to disclose his past luxury vacations, including a trip to Indonesia that cost an estimated $500,000.
The allegations prompted liberals to issue renewed calls for Justice Thomas to resign. He has been a top target of the left since his confirmation hearings in 1991.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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