Durbin: An Enforceable Code Of Conduct Is Absolutely Essential To Restoring Public Confidence In The Supreme Court

WASHINGTON – U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, today spoke on the Senate floor on the need for Supreme Court ethics reform, including a clear, enforceable code of conduct for Supreme Court justices.  The floor speech comes after Durbin called for Justice Clarence Thomas’s recusal from any case involving First Liberty Institute followingProPublica reporting that Ginni Thomas praised the conservative legal organization for “fill[ing] the sails of many judges” by working against commonsense ethics reform.

“For more than a year, story after story has broken about ethical misconduct by sitting Supreme Court justices.  We’re talking about the highest Court in the land—the nine men and women who are sitting on the Supreme Court—who are not governed by the same rules of conduct and ethical standard as every other federal judge in America… Justice Clarence Thomas has been at the center of many of those stories.  For decades, he has accepted lavish gifts and luxury trips from a gaggle of fawning billionaires. The total dollar value of those gifts is estimated to be more than $4 million… Justice Thomas has failed to disclose the vast majority of these gifts—in clear violation of financial disclosure requirements under federal law,” said Durbin.

Durbin then spoke about the ProPublica article, in which the publication reported that Ginni Thomas praised First Liberty Institute’s efforts to fight commonsense ethics reform in an email to conservative litigator Kelly Shackelford, writing “YOU GUYS HAVE FILLED THE SAILS OF MANY JUDGES. CAN I JUST TELL YOU, THANK YOU SO, SO, SO MUCH.” Shackelford read Thomas’s email aloud on a call with the group’s top donors.

Durbin continued, “When asked about her efforts to overturn the 2020 election, Ginni Thomas told Congress that she and Justice Thomas do not discuss each other’s work. That’s a little hard to believe when you see this message she sent to this organization.  Her comments on behalf of judges create a clear appearance of impropriety for Justice Thomas.  Accordingly, I have called for Justice Thomas to recuse himself from any future case involving First Liberty Institute.”

Durbin then spoke about Ginni Thomas’s repeated actions that have raised serious concerns about Justice Thomas’s ability to fairly hear cases that come before the Supreme Court.

“Ginni Thomas is a political operative who regularly works with right-wing groups on issues being litigated before the Court.  Federal law requires the disqualification of a Supreme Court justice in any proceeding in which the justice’s impartiality might reasonably be questioned.  And the Supreme Court’s own code of conduct reiterates that Supreme Court justices should disqualify themselves in cases when there is reasonable doubt about their impartiality,” Durbin said.

Despite serious questions about Justice Thomas’s impartiality in numerous cases, Justice Thomas has repeatedly refused to recuse himself.  During the Court’s most recent term, Justice Thomas continued to hear cases related to the January 6^th insurrection—despite his wife’s involvement with efforts to overturn the 2020 election. 

Durbin continued, “And Justice Thomas’s failure to recuse is not his only ethical failure related to his wife’s activities.  For years, Justice Thomas omitted his wife’s income from the right-wing Heritage Foundation from his annual financial disclosures, despite having disclosed her income in previous years… And as I mentioned earlier, Justice Thomas’s ethical issues extend far beyond his wife’s employment and advocacy.  He has repeatedly violated federal law by failing to report gifts and income from a wide range of sources in his financial disclosures… And he [Justice Thomas] has compounded that failure by repeatedly failing to recuse himself in cases involving the very individuals and groups lavishing those gifts upon him.”

Durbin concluded his speech by calling on Chief Justice Roberts to adopt a binding code of conduct for all Supreme Court justices.

Durbin concluded, “Since then, repeated ethical misconduct by Supreme Court justices has proven that an enforceable code of conduct is absolutely essential to restoring public confidence in the Court.  However, Chief Justice Roberts refuses to use his power to do so.  What is he waiting for?  I call on each and every Supreme Court Justice: if you agree with Clarence Thomas, declare it… If you think you're fed up with the reputation of the Court that lacks integrity, and you want to do something about it—speak up publicly on behalf of the Court and the nation.  We'll continue in Congress to do our part, but some leadership from Chief Justice Roberts and members of the Court could sure make a difference.”

Video of Durbin’s remarks on the Senate floor is available here.

Audio of Durbin’s remarks on the Senate floor is available here.

Footage of Durbin’s remarks on the Senate floor is available here for TV Stations.

Durbin has repeatedly called for the passage of the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act, legislation that the Senate Judiciary Committee advanced in July 2023. The bill would require Supreme Court justices to adopt a binding code of conduct, create a mechanism to investigate alleged violations of the code of conduct and other laws, improve disclosure and transparency when a justice has a connection to a party or amicus before the Court, and require justices to explain their recusal decisions to the public.

Durbin has been calling on the Supreme Court to adopt an enforceable code of conduct for more than a decade. He first sent a letter to the Chief Justice on this issue more than 12 years ago. 

For full background on Durbin and the Senate Judiciary Committee’s efforts to deliver Supreme Court ethics reform for the American people and their ongoing investigation into the Supreme Court’s ethical crisis, visit this page that includes a timeline, releases, correspondence, and information on the SCERT Act.

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