Eighteen House Democrats, all former prosecutors, judges, and law enforcement officials, have sent a detailed, eight-page letter to Chief Justice John Roberts urging him to create an independent group to investigate Justice Clarence Thomas over “recent allegations of ethical violations and conflicts of interests” involving his relationship with a billionaire GOP donor who reportedly had business before the Supreme Court.
They ask at the conclusion of the investigation the report be made public.
The group’s letter also refers to “serious allegations of ethical improprieties” by both Justice Clarence Thomas and Justice Samuel Alito. NBC News was first to report on the letter.
Headed by U.S. Rep. Dan Goldman (D-NY), the group’s letter to Chief Justice Roberts expresses their “grave concerns about the Supreme Court’s lack of internal structure to properly enforce the ethical standards to which you have repeatedly asserted that the Court adheres.”
“It has become abundantly clear to us that the current internal mechanism employed by the Court is not sufficient to prevent either the real, or appearance of, impropriety of its members or to hold to account justices who break ethics rules. This has further undermined public confidence in the institution, which is now at an all-time low.”
They warn that the reports about Thomas and Alito “raise serious questions about the integrity and legitimacy of the Court. As Chief Justice of the Supreme Court, it is your obligation to preserve and uphold the American people’s trust in the Court.”
In addition to the billionaire Harlan Crow, the letter includes references to Ginni Thomas, the far-right wing activist and lobbyist who is married to Justice Thomas, and former Federalist Society vice president Leonard Leo. It also mentions the January 6 insurrection.
“We are especially concerned about the numerous recent reports of Justice Clarence Thomas’s highly questionable ethical decisions, including conflicts of interests related to his wife and other beneficial financial relationships with billionaire and political donor Harlan Crow and Leonard Leo, who oversees a multi-billion-dollar dark money operation to influence the Supreme Court. These include allegations that Justice Thomas’s wife, Ginni, may have had a vested interest in cases that came before Court related to the January 6 insurrection, which Justice Thomas nonetheless ruled on (in favor of Ginni Thomas’s preferred outcome).”
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It goes on to note that “supplemental reporting indicates that Ginni Thomas may have been paid by Mr. Leo, who has substantial business before the Court, and that Justice Thomas accepted gifts and benefits from Mr. Crow that he failed to properly disclose.”
The 18 Democrats also point to the fact that not one but two Supreme Court decisions have been leaked, both involving majority opinions written by Justice Alito.
“Another troubling incident involving Justice Alito occurred in 2014, when Reverend Robert L. Schenck, an evangelical minister and former anti-abortion advocate, allegedly received advance notice of a decision on Burwell v. Hobby Lobby. As was the case in Dobbs v. Jackson Women’s Health Org., the leaked Hobby Lobby decision was written by Justice Samuel A. Alito.”
The group concludes, “If, as you say, the Court is capable of upholding the highest ethical standards, then we hope you will accept our recommendations to establish an independent and transparent investigative body and separate ethics counsel to regain the trust and confidence of the American people.”
You can read the full letter here.