Federal Courts Decline Ethics Referral for Justice Clarence Thomas/ Newslooks/ WASHINGTON/ J. Mansour/ morning edition/ Federal courts have declined to refer ethics allegations against Supreme Court Justice Clarence Thomas to the Justice Department. Justice Thomas and Justice Ketanji Brown Jackson have agreed to follow updated reporting rules on gifts and income after scrutiny over undisclosed trips and consulting payments.
Ethics Allegations Against Supreme Court Justices: Quick Looks
- No Referral: Federal courts decided not to refer Clarence Thomas’s ethics allegations to the DOJ.
- Updated Reporting: Thomas agreed to disclose gifts and hospitality under revised guidelines.
- Controversy: Undisclosed luxury trips funded by Harlan Crow raised ethics questions.
- Supreme Court Code: The 2023 ethics code lacks enforcement mechanisms.
- Other Complaints: Justice Ketanji Brown Jackson amended her disclosures after an omission.
Federal Courts Decline Ethics Referral for Justice Clarence Thomas
Deep Look
The U.S. Judicial Conference, the policymaking body for federal courts, announced Thursday it would not refer ethics allegations against Supreme Court Justice Clarence Thomas to the Department of Justice. The decision follows scrutiny over Thomas’s acceptance of luxury trips and hospitality from Republican megadonor Harlan Crow, which were not initially disclosed.
Ethics Allegations and Reactions
Justice Thomas previously defended the omissions, citing a lack of disclosure requirements for trips and gifts from close friends. In response to criticism, Thomas has now agreed to adhere to updated reporting guidelines that clarify the rules on disclosing gifts and hospitality.
Democratic senators, led by Sheldon Whitehouse, had pressed for an investigation into whether Thomas’s actions violated ethics laws. Whitehouse criticized the judiciary’s decision, stating it appeared to “shirk its statutory duty” to hold Supreme Court justices accountable.
New Ethics Code
The Supreme Court implemented its first-ever code of ethics in 2023 amid growing public and congressional criticism. However, the code lacks mechanisms for enforcement, leaving accountability largely dependent on voluntary compliance by the justices themselves.
Judicial Conference’s Position
The Judicial Conference questioned whether it has the authority to make a criminal referral involving a Supreme Court justice. U.S. District Judge Robert Conrad, writing on behalf of the conference, argued that a referral was unnecessary, noting that Democratic senators had already urged Attorney General Merrick Garland to appoint a special counsel. No such appointment has been publicly announced.
Justice Jackson’s Disclosure Issue
In a separate matter, the conservative Center for Renewing America filed a complaint regarding Justice Ketanji Brown Jackson’s failure to disclose the source of her husband’s consulting income. Jackson has since amended her financial disclosures and agreed to follow updated reporting requirements.
The Center for Renewing America criticized the judiciary’s handling of Jackson’s case, with spokesperson Rachel Cauley calling it a “sad commentary” that the omission went unnoticed until their complaint.
Implications
The lack of enforcement mechanisms for Supreme Court ethics rules continues to spark debate about judicial accountability. While recent revisions aim to improve transparency, critics argue that stronger oversight is needed to maintain public trust in the judiciary.
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