Supreme Court Justices Saved?
The Judicial Conference of the United States has recently decided not to refer allegations of ethics violations involving Supreme Court Justices Clarence Thomas and Ketanji Brown Jackson to the Department of Justice, despite calls from Democratic lawmakers for investigations. The decision comes amid ongoing scrutiny of the justices’ financial disclosures and ethical conduct, especially after media reports raised concerns about Thomas’s acceptance of luxury trips from billionaire Harlan Crow, a well-known Republican donor.
In letters addressed to Senator Sheldon Whitehouse (D-RI) and Representative Hank Johnson (D-GA), who had requested investigations into Thomas, the Judicial Conference questioned whether it had the legal authority to make such referrals. Robert Conrad, Secretary of the Conference, explained that the request regarding Thomas had “largely become moot” since Attorney General Merrick Garland had already been asked to appoint a special counsel to look into the allegations. Conrad also noted that Thomas had amended his financial disclosures to address the issues raised, adding that there was no reason to believe the justice had violated ethics laws.
The Judicial Conference also dismissed a request for an investigation into Justice Ketanji Brown Jackson’s financial disclosures. Critics had pointed out that Jackson failed to disclose income from her husband’s medical malpractice consulting work and questioned the private funding for her investiture ceremony. However, Jackson had amended her financial filings to include the missing information, and the Conference suggested that these concerns did not warrant referral for further investigation.
The refusal to pursue these investigations has sparked sharp criticism from progressive lawmakers and advocacy groups. Rachel Cauley, a spokesperson for the conservative think tank Center for Renewing America, criticized the media’s selective focus on Justice Thomas, arguing that the lack of coverage of Jackson’s omissions was telling.
The controversy highlights the growing divide over the issue of Supreme Court ethics. While Democrats are pushing for stronger ethical oversight and clearer rules, many Republicans view these efforts as politically motivated attempts to weaken the conservative-majority Court. The Court itself has resisted calls for outside intervention, instead choosing to implement a new set of ethical guidelines for its justices, though these guidelines lack enforceable consequences.
Whitehouse and Johnson, who have been vocal critics of the Court, expressed frustration with the Judicial Conference’s response. They accused the judicial branch of avoiding its duty to hold justices accountable for ethics violations. For many Republicans, these ethics debates are seen as part of a broader effort by liberals to delegitimize the conservative-leaning Court and to undermine its rulings.