Sen. Durbin Calls Out SCOTUS Ethics Response: ‘Oblivious’

Senate Judiciary Committee Chair Dick Durbin, D-Ill., called the responses by U.S. Supreme Court Chief Justice John Roberts to the institution’s recent ethics concerns “oblivious” amid erosion in the confidence of the high court.

“The highest court in the land shouldn’t have the lowest ethical standards. That reality is driving a crisis in public confidence in the Supreme Court,” The Hill reported Durbin saying in his opening statement at a hearing on Supreme Court ethics reform. “The status quo must change.”

The committee is holding hearings on revelations that conservative Justice Clarence Thomas never reported money from the sale of three family-owned properties to conservative billionaire Texas donor Harlan Crow, valued at more than $100,000, according to The Associated Press.

In addition, Thomas also allegedly took trips with the billionaire during the last 20 years that the wealthy donor paid for.

“The actions of one justice, including trips on yachts and private jets, were not reported to the public,” the AP reported Durbin saying April 25. “That same justice failed to disclose the sale of properties he partly owned to a party with interests before the Supreme Court.”

Durbin sent a letter to Roberts April 20, asking the chief justice to appear before the committee and answer questions about the court’s ethics policies, which differ from the guidelines for lower court judges.

Roberts “respectfully declined” the invitation in a letter to Durbin a few days later: “Testimony before the Senate Judiciary Committee by the Chief Justice of the United States is exceedingly rare, as one might expect in light of separation of powers concerns and the importance of preserving judicial independence.”

Instead, Roberts included a “Statement on Ethics Principles and Practices” signed by all nine justices describing how the court handles ethical rules involving travel, gifts, and outside income, the report said.

“It makes clear that, while the justices are fine with consulting certain authorities on how to address ethical issues, they do not feel bound by those authorities,” Durbin said during the hearing Tuesday, rebuking Roberts’ response. “Much of the document explains why justices think they should not be treated the same as other federal judges when it comes to ethics standards. And it stresses that recusal decisions are made by individual justices alone, with no review of their discretion.

“The chief justice’s letter and statement of principles are a defense of the status quo. But they are oblivious to the obvious.”