Justice Clarence Thomas and “ethics scandals” have come to be synonymous. In the past there has been no shortage of reports on the many “perks” he has enjoyed, courtesy of his powerful and deep-pocketed friends. Some of these friends have, or have had, cases that have come before the Supreme Court, in some cases even before the friendly Thomas.
The steady trickle of “gifts” and “courtesies” granted by his friends has once more grown, as Senate Judiciary Committee Chairman Dick Durbin reported that his committee’s ethics investigation into the Supreme Court has uncovered at least three additional trips given to Justice Clarence Thomas by GOP megadonor Harlan Crow.
That list, already made public in the past, was alarmingly long. It comprised at least 38 luxury vacations, 26 private jet flights, helicopter flights, private resorts stay and a standing invitation for a private golf club from former Berkshire Hathaway executive David Sokol, late billionaire H. Wayne Huizenga and Apex Oil CEO Paul “Tony” Novelly.
According to Durban, the new information came directly from Crow. On Thursday, the committee learned that Thomas took three trips, and at least six flights, on Crow’s private jet in 2017, 2019 and 2021. The panel also found evidence of private jet travel during trips to Indonesia and California that Thomas recently disclosed in an amendment to a 2019 financial disclosure report.
The Democratic-led Judiciary panel launched the investigation last year after several reports that Thomas had for years, failed to disclose any of these controversial gifts. The committee has since pushed the Supreme Court to adopt a stronger ethics code as trips by Thomas and Justice Samuel Alito came to light, along with six-figure book deals received by other justices. Alito has been involved in an additional controversy lately, regarding flying flags at his house that suggested adherence to the Jan. 6 insurrection.
Yet of course, given the nature of the job description—Supreme Court Justices have a lifelong appointment and are practically immune from ouster– he and Alito are in an unassailable position, and at least thus far, they have acted with impunity. Unlike other federal judges, the justices who serve on the court are not subject to any formal ethical standards or oversight mechanisms. This raises concerns about the potential for conflicts of interest, bias, or misconduct among the justices. And Thomas seems to take full advantage of the power that he enjoys.
In the past, Thomas has maintained that he is not required to disclose the many family trips that were paid for by the Texas megadonor because Crow and his wife Kathy are “among our dearest friends.”
However, the committee has pushed the Supreme Court to adopt a stronger ethics code as more abuses by Thomas and Justice Samuel Alito came to light. An ethics code adopted by the justices in November treats travel, food and lodging as expenses rather than gifts, for which monetary values must be reported. Yet, since Justices aren’t required to attach a value to expenses, the additional request for disclosures is largely meaningless. Especially if the brazen justices, banking on their de facto immunity, choose to ignore such demands.
In a statement, Durban said, the new information “makes it crystal clear that the highest court needs an enforceable code of conduct, because its members continue to choose not to meet the moment.”
At this point, given the sheer number of ethically dubious “gifts” and “perks” accepted by a few of the justices—but especially by Clarence Thomas—we must wonder, do three more undisclosed trips make any difference?
An even more relevant question is, can tightening the ethics code have any effect if the Supreme Court Justices—those whom we look to as the highest representatives of the Law– choose to place themselves above the Law?
