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Senate Judiciary Chair Urges Code of Conduct for Supreme Court Justices

 September 12, 2024

Amid ongoing ethical concerns at the highest court, Democrat Sen. Dick Durbin has called for a strict code of conduct for U.S. Supreme Court justices.

Durbin proposes a binding ethical framework for justices following what he says are shocking disclosures about Justice Clarence Thomas and his spouse, as Newsweek reports.

As chair of the Senate Judiciary Committee, Durbin expressed grave concerns about what he views as the lack of stringent ethical guidelines governing Supreme Court justices as compared to other federal judges.

Clash Over Justice Independence and Ethics

This initiative follows revelations highlighted by ProPublica regarding Ginni Thomas, who is the wife of Justice Clarence Thomas, praising the conservative legal group First Liberty Institute. The institute is known for its frequent appearances in litigation before the Supreme Court.

Ginni Thomas’ commendations were brought to light through an email where she lauded the organization for its influence. ProPublica went on to divulge the contents of this email in an audio recording shared with the institute's top benefactors.

Her admiring comments have intensified scrutiny over the Supreme Court's impartiality and transparency concerning ongoing judicial debates.

Stirring up a Historic Judicial Reformation

The senator's concerns were, according to his supporters, not unfounded, given that other justices, notably Samuel Alito, have also been under the spotlight for ethical missteps in the past year. However, Thomas remains a focal point due to allegations of accepting gifts valued over $4 million from affluent benefactors over several decades.

In response to mounting criticism, the Supreme Court did put forth a formal code of conduct in November 2023. However, this newly minted guideline was soon criticized for its lack of solid enforcement mechanisms, casting doubt on its effectiveness in maintaining judicial integrity.

Addressing the media, Durbin underscored the essential nature of an enforceable code, given the high stakes involved in Supreme Court decisions.

Ginni Thomas' Influence and Ethical Dilemmas

Detailing Ginni Thomas' interactions, Durbin branded her as a "political operative" deeply intertwined with conservative groups that regularly present cases before the Court. Such affiliations pose a conflict of interest, particularly visible in her support for First Liberty Institute, which is actively involved in Supreme Court cases.

One of Ginni Thomas' emails to Kelly Shackelford, head of First Liberty, was extraordinarily telling. In it, she expressed profound gratitude for the organization's impact, saying, "YOU GUYS HAVE FILLED THE SAILS OF MANY JUDGES. CAN I JUST TELL YOU, THANK YOU SO, SO, SO MUCH."

Her extensive political involvement and the publication of her email raised questions about the division between her activities and those of her husband in his judicial capacity.

Durbin Calls for Judicial Recusal and Reform

Durbin also pointed to Ginni Thomas' prior attempts to influence the 2020 presidential election results, further complicating the ethical landscape. Her claims of not discussing work with her husband were met with skepticism from the senator.

He stated, "When asked about her efforts to overturn the 2020 election, Ginni Thomas told Congress that she and Justice Thomas do not discuss each other's work. That's a little hard to believe when you see this message she sent to this organization. Her comments on behalf of judges create a clear appearance of impropriety for Justice Thomas."

Consequently, Durbin has urged Justice Clarence Thomas to avoid participating in any forthcoming cases that involve First Liberty Institute, highlighting the need for transparency and accountability within the U.S. judiciary.

Calls for Stronger Judicial Oversight Echo Nationwide

Durbin’s push for a substantive code of conduct comes at a time when others are raising broader concerns about the integrity of U.S. governance and the impartiality of its highest judicial body. The implications of these ethical controversies extend far beyond individual cases, impacting public trust in the judicial system.

The blend of politics and judicial responsibilities, Durbin believes, only amplifies the necessity for clear ethical boundaries and robust enforcement protocols in the Supreme Court.

With the judiciary under scrutiny, America waits to see if these calls will manifest into concrete changes that ensure justice is not only done but seen to be done.