On Thursday, the U.S. Judicial Conference, the federal judiciary’s leading policymaking body, dismissed a request from Democratic lawmakers to refer Supreme Court Justice Clarence Thomas to the Department of Justice (DOJ) over allegations that he failed to disclose gifts and travel from a wealthy benefactor. The request came after a series of reports, including one from ProPublica, revealed that Justice Thomas had not disclosed luxury trips and other gifts provided by Texas businessman Harlan Crow.
In a pair of letters, the secretary of the Judicial Conference, U.S. District Judge Robert Conrad, noted that Justice Thomas had amended his financial disclosure reports to address the issues raised by Senator Sheldon Whitehouse and Representative Hank Johnson. These amendments followed the lawmakers’ claims that Thomas had violated financial disclosure requirements under the Ethics in Government Act of 1978.
The decision marks the latest chapter in the ongoing debate over Supreme Court ethics and transparency. The request for a DOJ referral was based on allegations that Thomas had willfully violated the law by failing to report certain types of “personal hospitality,” such as the luxury travel and gifts provided by Crow. Justice Thomas, in his defense, had stated that he was advised he was not required to report such gifts, but pledged to comply with disclosure requirements starting with his 2022 financial reports.
In a separate letter, the Judicial Conference also rejected a similar request to refer liberal Justice Ketanji Brown Jackson to the DOJ. This request had been filed by a conservative group, which accused Jackson of similar disclosure omissions. However, Jackson had already amended her reports to address the concerns raised.
The Democratic lawmakers, particularly Senator Whitehouse, expressed strong dissatisfaction with the Judicial Conference’s decision. Whitehouse criticized the body for what he described as a failure to “hold a Supreme Court justice accountable for ethics violations.” He also argued that the Judicial Conference was neglecting its statutory responsibility to ensure ethical compliance among the highest judicial officials in the country.
While the lawmakers’ request regarding Justice Thomas was dismissed, Conrad emphasized that the judiciary has been working since 2023 to clarify its financial disclosure guidelines and address gaps in the reporting process. He further noted that Thomas had already submitted amended reports and was committed to adhering to the updated standards, which were put in place to close loopholes related to “personal hospitality.”
The decision to decline the referral was also based on concerns over “constitutional questions” about whether the Judicial Conference had the authority to make such a referral, a matter that Conrad indicated would require further legal review. Additionally, Whitehouse and another senator had already written directly to Attorney General Merrick Garland, requesting the appointment of a special counsel to investigate the matter further.
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