Senate Judiciary Committee Chairman Dick Durbin (D-IL) made it clear that the absence of one of his Democratic colleagues left him with few options to investigate corruption allegations against Justice Clarence Thomas.
Durbin said Thursday he planned to invite Chief Justice John Roberts to testify about ethics reform inquiries at the Supreme Court following several revelations surrounding Thomas's undisclosed travel and real estate transactions with a wealthy GOP donor. When asked by reporters whether he would subpoena Roberts, Durbin referenced the continued absence of Sen Dianne Feinstein (D-CA).
DURBIN MAKES UNUSUAL REQUEST FOR CHIEF JUSTICE'S TESTIMONY OVER CLARENCE THOMAS ETHICS CONCERNS
“It takes a majority,” the Illinois senator said. “I don’t have a majority.”
Democrats typically have a committee majority but have been lacking one ever since Feinstein, 89, was hospitalized with shingles.
Republicans blocked an attempt for a temporary committee replacement. This slowed the Democrats' pace for confirming federal judges, which has been seen as a top priority for President Joe Biden to offset the inroads made on the judiciary by former President Donald Trump.
Thomas, the eldest Supreme Court justice and one of six Republican-appointed justices, has faced scrutiny over his ethical conduct after ProPublica exposed his long relationship with Harlan Crow, a GOP donor who has treated Thomas to vacations and even purchased property from the justice. The details of his interactions with Crow were not previously reported.
Crow contended that he never attempted to influence Thomas's decisions at the high court and likened the recent reports on his friend to a "political hit job."
Meanwhile, Republicans on the committee have been apprehensive about calling the chief justice up to the stand over this matter.
“I would not recommend that the chief accept his invitation because it would be a circus," Sen. John Cornyn (R-TX) said.
Another Texas Republican, Sen. Ted Cruz, alleged the Democrats were attempting to "smear" Thomas and said the justice has come under fire from more liberals than any other judges because he is black and conservative.
“They reserve a particular animosity for Justice Thomas because he’s black. Justice Scalia was every bit as conservative as Justice Thomas, and yet the Left didn’t loathe Justice Scalia the way they loath Justice Thomas,” Cruz said.
Durbin said Thursday that he invited Roberts to testify about the Thomas allegations on May 2. He also made clear another justice could join in his place, referencing testimony by justices Antonin Scalia and Stephen Breyer in 2011.
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It remains to be seen whether Roberts or another justice would testify in response to Durbin's request. Justices have in the past testified to appropriations committees regarding the budget for the court, though there isn't a clear precedent for asking a justice to testify on ethical standards on behalf of their colleagues.
Durbin also made clear that despite reporters' inquiries, “There’s been no discussion of subpoenas for anyone at this point."