WASHINGTON – Chief Justice John Roberts on Tuesday declined an invitation from Senate Democrats to testify about ethics standards at the Supreme Court amid a series of high-profile controversies involving his colleagues.
Roberts’ response came days after the chairman of the Senate Judiciary Committee, Sen. Dick Durbin, D-Ill., requested that Roberts testify next month about ethics rules that govern the nation’s highest court, a response to recent revelations about Justice Clarence Thomas accepting lavish travel from a GOP megadonor.
“Testimony before the Senate Judiciary Committee by the Chief Justice of the United States is exceedingly rare, as one might expect in light of separation of powers concerns and the importance of preserving judicial independence,” Roberts wrote.
What did Roberts say in his letter about about Supreme Court ethics?
- Citing separation of powers concerns, Roberts noted how rare it is for chief justices to testify before congressional committees. He said that his predecessor, Chief Justice William Rehnquist, testified twice before House committees on “mundane topics.” Roberts told Durbin he must “respectfully decline your invitation.”
- The back-and-forth follows a series of revelations by ProPublica about Thomas, including travel aboard luxury yachts and private jets paid for by billionaire GOP donor Harlan Crow. A subsequent ProPublica story documents three properties Crow purchased from Thomas and his families. The transactions were not noted on annual disclosure reports.
- Earlier Tuesday, Politico reported that Justice Neil Gorsuch had sold a vacation property in Colorado to the chief executive of a major law firm, Greenberg Traurig, who has repeatedly represented clients before the Supreme Court.
Durbin: ‘Supreme Court ethics reform must happen’
The revelations have heightened scrutiny on the Supreme Court and have raised calls on the left for Roberts to take some action in response. Supreme Court justices, unlike other federal jurists, do not adhere to a code of conduct.
Durbin said Tuesday that the committee will hold the hearing without Roberts and signaled that Congress might step in to address the issue. That would almost certainly be resisted by the court and may also raise separation of powers issues.
“I extended an invitation to the chief justice, or his designate, in an attempt to include the court in this discussion,” Durbin said. “But make no mistake: Supreme Court ethics reform must happen whether the court participates in the process or not.”
Roberts also attached a “statement of ethics principles and practices” to his letter to Durbin.
Gabe Roth with Fix the Court said that statement was “nowhere near an appropriate response to the ethical failures of the current court.
“Following weeks of scandal, Americans had been seeking some reassurance that nine of the most powerful people in the country understood their responsibility to act above board, avoid corrupting influences and be honest in their dealings and disclosures,” Roth said. “No such comfort comes today.”
