On Thursday, the Judicial Conference of the United States made the decision not to refer an ethics investigation concerning Supreme Court Justice Clarence Thomas to the Department of Justice (DOJ).
This choice stemmed from a lack of clarity about the Conference’s authority, especially after Justice Thomas submitted amended financial disclosures.
Response to Ethical Violations
This development comes in response to Democratic lawmakers who had urged the Conference to work alongside the DOJ to look into alleged ethical violations by Thomas.
These issues primarily revolve around his failure to disclose various gifts from Harlan Crow, a Republican donor.
The Judicial Conference highlighted Thomas’s updated disclosures, which included gifts that had not been previously reported.
They also noted his commitment to comply with new disclosure standards.
Another critical point raised was whether the Conference even has the authority to refer cases involving Supreme Court Justices to the DOJ.
Authority of the Judicial Conference
It’s crucial to clarify that the discussion here is not about whether the Ethics in Government Act applies to Supreme Court Justices.
Instead, the real topic is the Judicial Conference’s ability to refer cases involving the Justices to outside authorities like the DOJ.
Doubts persist regarding the Conference’s power in this area, especially given that it does not have oversight of the Supreme Court.
Granting it such authority could lead to significant constitutional issues, implying that Congress would need to explicitly grant any such powers.
Recent Investigations and New Ethics Code
In a letter elaborating on these points, it was mentioned that evidence suggests referral authority does not extend to the Justices of the Supreme Court.
Judge Robert Conrad, who penned the correspondence, also noted that a separate investigation request had become moot since Senator Ron Wyden had already approached the U.S. Attorney General, seeking a special counsel inquiry.
This year, Justice Thomas faced backlash after ProPublica investigations revealed he had not disclosed numerous gifts from various sources, including Libertarian organizations and Republican supporters.
Reports indicated that these undisclosed gifts included significant items like college tuition for family members, luxury travel accommodations, private flights, event tickets, and expensive dinners.
In the wake of these controversies, the Supreme Court has implemented a new code of ethics aimed at improving the standards of conduct for its Justices.
The Judicial Conference of the United States functions as the primary policymaking body for the federal judiciary, convening biannually to tackle administrative and policy issues.
Founded in 1922 under Chief Justice William Howard Taft, the Conference also has the important role of advising Congress on matters related to the judicial branch.
Source: Jurist