Senate Democrats on the Judiciary Committee have recently concluded a detailed investigation into alleged ethical violations by the conservative justices of the Supreme Court.

A two-year probe has thrown a spotlight on claims of ethical misconduct, focusing on conservative justices of the U.S. Supreme Court, as the Washington Examiner reports.

Launched nearly two years ago, the investigation culminated on a Saturday morning, resulting in a comprehensive 97-page staff report. The report highlights serious allegations predominantly against conservative justices.

The report specifically accuses Justice Clarence Thomas of accepting millions in gifts since his appointment in 1991 and concealing these gifts post-2004, actions which Senate Democrats argue violate federal laws.

Broader Allegations and Ethical Concerns

Justice Samuel Alito is also critiqued for a 2008 fishing trip funded by a billionaire, which he did not report, leveraging a personal-hospitality exemption. This situation and others have escalated calls for legislative reforms.

Adding to the controversy, Alito’s wife reportedly displayed an upside-down American flag on Jan. 6, 2021, a gesture that the report suggests could imply a conflict of interest or, at minimum, a questionable appearance regarding impartiality.

The report, while focusing on conservative justices, does not mention Democrat appointees such as Justices Elana Kagan, Sonia Sotomayor, or Ketanji Brown-Jackson, despite past accusations against them as well.

Push for Ethical Oversight and Legislative Action

The conclusion of this investigation has led Democrats to advocate for the Supreme Court Ethics, Recusal, and Transparency Act, aimed at instituting a formal code of ethics for the Supreme Court, which currently lacks such regulation.

Chairman of the Senate Judiciary Committee, Dick Durbin (D-IL), highlighted the importance of the findings, stating, “Now more than ever before, as a result of information gathered by subpoenas, we know the extent to which the Supreme Court is mired in an ethical crisis of its own making.”

Resistance from some judiciary members, including Justice Alito, emphasizes the constitutional debate over the ability of Congress to regulate a co-equal branch of government, highlighting the contentious nature of this issue.

Reactions and Defensive Stances

Mark Paoletta, defending the conservative justices, asserts that Thomas and Alito have complied with all relevant laws, regulations, and guidelines concerning the reporting of personal hospitality and gifts.

The staff report counters by stating, “Chief Justice Roberts’s continued unwillingness to implement the only viable solution to the Court’s ethical crisis -- an enforceable code of conduct -- requires Congress to act to restore the public’s confidence in the highest court in the land.”

Further criticism from the report includes, “While the justices interpret the law, they are not above it,” highlighting concerns regarding the Roberts Court's approach to ethics.

Debate Over Congressional Oversight of Supreme Court Ethics

The ongoing debate regarding the proposed legislation focuses on its constitutionality and the broader implications of congressional oversight over the Supreme Court.

This discussion raises pivotal questions about the separation of powers among the federal government's branches.

As Democrats push forward with their ethics bill, they encounter substantial resistance from Republican legislators and some judiciary members, illustrating the complex dynamics between law, politics, and judicial governance.

The outcome of this legislative effort and the potential enactment of the Supreme Court Ethics, Recusal, and Transparency Act could significantly influence public trust in the judiciary and the overall functioning of American democracy.