Senate Democrats on the Judiciary Committee are pushing back against Supreme Court Chief Justice John G. Roberts Jr.’s decision not to testify next week during a hearing on ethics for the high court.
The lawmakers, led by Chairman Sen. Richard Durbin, Illinois Democrat, wrote a letter to Justice Roberts Thursday that noted there is precedent for justices testifying before Congress and made the case that the public deserves answers to questions about Justice Clarence Thomas’ lavish trips with a GOP mega donor.
Mr. Durbin had requested Justice Roberts — or another member of the court — answer questions before his panel on May 2.
“It is noteworthy that no Justice will speak to the American people after numerous revelations have called the Court’s ethical standards into question, even though sitting Justices have testified before Senate or House Committees on at least 92 occasions since 1960,” Mr. Durbin said.
In his letter, he asked Justice Roberts to clarify some of the ethical guidelines and standards the court follows so the committee can use the responses as it crafts legislation potentially implementing rules upon the high court.
Justice Roberts had attached some of the protocols to his letter earlier this week, but declined the panel’s invitation to testify.
The committee has asked him to answer questions by May 1 about how and when the high court adopted a code of conduct or ethics to follow, and if there’s any sort of ramifications if a justice fails to properly disclose financial or other information.
Justice Roberts rejected an invitation by Senate Democrats to testify about the high court’s ethics earlier this week in a six-page letter. He said a chief justice testifying is exceedingly rare, citing “separation of powers concerns and the importance of preserving judicial independence.”
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.
Mr. Durbin had asked Justice Roberts to probe Justice Clarence Thomas’ gifts and travel after a ProPublica report earlier this month 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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