Durbin Calls For Justice Thomas's Recusal In Any Supreme Court Case Involving First Liberty Institute

WASHINGTON – U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, issued the following statement calling for Justice Clarence Thomas’s recusal from any case involving First Liberty Institute following ProPublica reporting that Ginni Thomas praised the conservative legal organization for “fill[ing] the sails of many judges” by working against commonsense ethics reform:

“The reported comments by Ginni Thomas are deeply problematic. She’s testified before Congress that she and Justice Thomas do not discuss each other’s work. That defense now rings hollow. Whether she’s inflating her knowledge of judges’ views on ethics reform or telling the truth, her apparent comments on behalf of judicial officers create a clear appearance of impropriety for Justice Thomas. He must recuse himself from any case involving First Liberty Institute.

“This is yet another episode in the ongoing ethics crisis at the Supreme Court. The path forward is clear: Chief Justice Roberts can use his existing power to implement binding ethics reforms. Until he does, I will continue pushing to pass our SCERT Act and deliver the ethics reforms that the American people—and our democracy—demand.”

ProPublica 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 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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