Democrats Grapple with Issuing Subpoena to Chief Justice Roberts

There is a divide among Senate Democrats regarding whether to subpoena Chief Justice John Roberts in the effort for judicial ethics reform.

Senate Majority Leader Chuck Schumer, D-N.Y., and Judiciary Committee Chair Dick Durbin, D-Ill., are advocating for a Senate vote on the Supreme Court Ethics, Recusal, and Transparency Act, following reports of Justice Samuel Alito flying the revolutionary war flag, “An Appeal to Heaven,” outside his beach house.

Democrats have also expressed concerns about the gifts and vacations received by Alito and Justice Clarence Thomas.

However, it remains uncertain whether they can secure majority support on the committee.

“I’m not sure,” Senator Peter Welch, D-Vt., told The Hill when asked if all 11 Democrats on the panel would back a subpoena effort. “It’s the reality of an 11-10 [majority]. … It just takes one.”

Just days ago, Roberts declined an invitation to discuss Supreme Court ethics and the controversy over flags flown outside properties owned by Alito, in a letter to Democrat senators.

Roberts’ response came after Alito rejected demands for recusal from significant Supreme Court cases involving former President Donald Trump and the Jan. 6 U.S. Capitol attacks. Alito stated that nothing about the flags flown by his wife required his recusal.

Subpoenaing Roberts could help Democrats satisfy progressive supporters seeking Supreme Court reform and coincide with the party’s plans to emphasize abortion rights in the upcoming election.

However, it could also divide the Judiciary Committee and hinder its work.

“Bringing a Supreme Court justice forward could lead to chaos,” a Republican senator on the Judiciary Committee told The Hill. “It would create a political feud that we have never seen before. It would be purely political and then everyone would engage in a bare-knuckle fight.”

The Associated Press contributed to this story.