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Kaelan Deese, Supreme Court Reporter


NextImg:Cruz says Thomas subject to 'racist vitriol' in Supreme Court ethics hearing

Members of the Senate Judiciary Committee sparred Tuesday during a hearing over Supreme Court ethics reform proposals, with Republican members rushing to defend Justice Clarence Thomas amid concerns raised by Democrats over his undisclosed gifts and real estate sale.

"This is about applying a double standard to Clarence Thomas and only Clarence Thomas," Sen. Ted Cruz (R-TX) said Tuesday, adding "The Left despises Clarence Thomas because he is a conservative African American."

KETANJI BROWN JACKSON DISCLOSURE ERRORS SPOTLIGHTED IN SENATE SUPREME COURT HEARING AMID THOMAS SCRUTINY

Cruz said if the standard for ethical lapses is "traveling and being paid for by others, then guess what? Just about every Supreme Court Justice has done so and done so in much greater numbers."

The Supreme Court’s nine justices at the time revealed taking a combined 64 trips in 2018 in which various items such as transportation, food, and lodging were reimbursed by others, according to a 2019 report from Open Secrets.

Cruz also displayed posters of news headlines and what he called "racist caricatures" of Thomas published by left-wing publications "to give you a sense of the racist vitriol from the Left."

Ranking member Sen. Lindsey Graham (R-SC) concurred with Cruz, calling out "a concentrated effort by the Left to delegitimize the court and to cherry-pick examples to make a point," accusing Democrats of trying to "destroy" Thomas's reputation.

The hearing stemmed from committee Chairman Dick Durbin (D-IL) summoning Chief Justice John Roberts to testify following revelations about Thomas's non-disclosures of travel paid for by wealthy GOP donor Harlan Crow. Roberts rejected Durbin's request last week with a letter signed by all nine justices detailing the current ethics and recusal guidelines they follow.

Sen. Dick Durbin, D-Ill., chairman of the Senate Judiciary Committee, joined at left by Sen. Chris Coons, D-Del., leads a hearing in response to recent criticism of the ethical practices of some justices of the Supreme Court, at the Capitol in Washington, Tuesday, May 2, 2023. Associate Justice Clarence Thomas has been criticized for accepting luxury trips nearly every year for more than two decades from Republican megadonor Harlan Crow without reporting them on financial disclosure forms. (AP Photo/J. Scott Applewhite)

"How low can the court go?" Durbin said Tuesday, adding, "Congress not only has the authority to legislate in this area but the responsibility.”

The hearing showcased several instances of Republican senators alleging that their Democratic counterparts were unhappy with the decisions of the 6-3 Republican majority on the high court, while Democrats contended that a healthy level of "checks and balances" were needed to regulate the highest court in the land.

While Graham said he concurs that the judiciary should work toward greater transparency but stopped short of any suggestions that "Congress should take over the court's ability to regulate itself," voicing concerns over the separation of powers.

"I do not believe that is wise. And the letter that was received by the committee was not just signed by Justice Roberts. It was signed by all of the [justices.]"

Durbin later clarified that the other eight justices' signatures on the letter did not indicate a declination of his alternative offer for another member of the high court to come to testify in place of Roberts.

Despite Graham's concerns, several Democrats and witnesses they invited to the hearing testified that Congress has imposed rules that applied to justices and other members of the judiciary, including the Ethics in Government Act of 1978, which compels Article III judicial officers to complete financial disclosures each year.

Sen. John Cornyn (R-TX) compared recent scrutiny of Thomas to the "high-tech lynching" the justice faced during his 1991 confirmation hearings when he confronted sexual assault allegations. Cornyn was also a major proponent behind the 2022 Courthouse Ethics and Transparency Act, which requires more frequent disclosure reports from judges and established an online database to access those reports.

A panel of witnesses, including former Attorney General Michael Mukasey, second from left, are sworn in as the Senate Judiciary Committee holds a hearing in response to recent criticism of the ethical practices of some justices of the Supreme Court, at the Capitol in Washington, Tuesday, May 2, 2023. Associate Justice Clarence Thomas has been criticized for accepting luxury trips nearly every year for more than two decades from Republican megadonor Harlan Crow without reporting them on financial disclosure forms. (AP Photo/J. Scott Applewhite)

Three witnesses said that Congress has the power to act to impose heightened ethics rules on the Supreme Court while two others appeared more concerned about the three co-equal branches of government.

"Discussion of the issue of Supreme Court ethics seems highly politicized and partisan in the Senate Judiciary Committee and the country, so it is unclear that the Senate or House would pass a measure," University of Richmond professor Carl Tobias told the Washington Examiner after the hearing.

Following reports of Thomas's undisclosed travel gifts last month, public approval of the high court sank from 50% approval in February to 44% in April, according to a May 2 poll of eligible voters by Navigator.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

Outside the hearing, Sen. Richard Blumenthal (D-CT) said there should be a "proper investigation" of Thomas, adding, "We have the means to compel documents."

But Justice Department Attorney General Merrick Garland notably avoided questions about the high court during a separate press conference on Tuesday, saying, "I have always believed that the judiciary should follow and be held to the highest ethical standards.”