Senate Invites Chief Justice Roberts to Testify in Response to Ethics Scandal Surrounding Justice Thomas

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The Senate Judiciary Committee’s invitation to Chief Justice Roberts marks the first time in more than a decade that a Supreme Court justice has been invited to testify before Congress. This move comes in response to the recent revelations about Justice Clarence Thomas and his failure to disclose financial relationships with Republican billionaire donor Harlan Crow.

ProPublica reported on April 6 that Thomas failed to disclose luxurious trips paid for by Crow for nearly two decades. Last week, the same news outlet reported that Thomas also failed to disclose that Crow had purchased property from Thomas and his relatives, including a house where Thomas’ mother still resides. On Monday, The Washington Post reported that Thomas falsely claimed to have earned income from a Nebraska real estate firm that has been closed since 2006 on his financial disclosure forms for over 20 years.

In his invitation letter to Roberts, Sen. Dick Durbin, D-Ill., wrote, “The time has come for a new public conversation on ways to restore confidence in the Court’s ethical standards. I invite you to join it, and I look forward to your response.” Durbin and his fellow Democrats on the Judiciary Committee sent a letter to Roberts on April 10, calling on him to investigate Crow’s “largesse” to Thomas.

  

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The Supreme Court has not yet responded to the invitation. If Roberts does not voluntarily agree to testify, Durbin’s committee has limited options to compel his testimony. While Supreme Court justices have testified before congressional appropriations committees regarding the high court’s budget, there is no clear precedent for asking a justice to testify about ethical standards for their colleagues.

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To issue a subpoena for Roberts to appear, Judiciary Committee rules require that either the chairman and ranking member jointly issue the subpoena or, if the ranking member does not agree, then that a majority of the committee members vote to issue the subpoena. However, due to the medical absence of Sen. Dianne Feinstein, D-Calif., there are currently just 10 Democrats available to vote on the committee, and no Republican committee members have indicated a willingness to cross party lines to subpoena Roberts or Thomas.

Sen. Lindsey Graham, the ranking Republican on the Judiciary Committee, criticized Durbin’s invitation to Roberts as opening “Pandora’s box,” stating that Roberts should deal with the situation in his backyard. He also doubted that Roberts would agree to testify and stated that he would support Roberts’ decision not to appear.

Following ProPublica’s reporting, the left-leaning group Common Cause sent a letter to both the House and Senate judiciary committees urging them to hold hearings to examine what happened, including testimony from Thomas. However, the Republican-controlled House is unlikely to take action in response to the ProPublica reporting.

The invitation to Roberts marks a significant development in the ongoing debate about the Supreme Court’s ethical standards and transparency. Many critics have long argued that the Court’s self-policing system is inadequate and that its justices should be subject to the same ethical standards as other federal judges. The recent revelations about Thomas have only intensified these calls for reform.

The outcome of Roberts’ potential testimony before the Judiciary Committee is uncertain, but it could have significant implications for the Court’s future. If Roberts appeared and acknowledged the need for greater transparency and accountability within the Court, it could help restore public trust in the institution. However, if he refused to testify or downplay the seriousness of the allegations against Thomas, it could further erode the public’s confidence in the Court and its ability to police its members.