Progressive critics have condemned the refusal of U.S. Supreme Court Justice John Roberts to accept an invitation to testify before the Senate Judiciary Committee over a string of alleged ethics violations by Justices on the Court, specifically Clarence Thomas and Neil Gorsuch.
Roberts finally responded late Tuesday night to an invitation issued over two weeks ago by Sen. Dick Durbin, D-Ill., who chairs the committee, following revelations that Thomas had accepted lavish gifts from a billionaire right-wing activist over the course of decades without disclosing them.
On Tuesday, Politico reported that Gorsuch had sold property to the head of a powerful law firm that has repeatedly had business before the Court without disclosing the identity of the purchaser.
"While the Supreme Court is on fire with scandals, Chief Justice John Roberts refuses to answer questions about the long list of troubling ethics issues undermining the credibility and integrity of our nation's highest court."
In his letter to Durbin on Tuesday, Roberts said he "must respectfully decline your invitation" and cited the separation of powers as the key reason he would not appear. But critics, including Democratic lawmakers and outside watchdogs, denounced the decision.
"Under Roberts, the Supreme Court has unraveled constitutional rights and seen several justices engage in corrupt financial arrangements. Now he is refusing to answer questions," declared Rep. Alexandria Ocasio-Cortez, D-N.Y., in response. "How does Roberts expect SCOTUS to maintain authority if they reject accountability themselves?"
Ocasio-Cortez has been among those lawmakers in the House calling for Thomas to be investigated or impeached over the revelations contained in a pair of stories by Pro Publica this month.
We are shocked—SHOCKED—to learn that Dick Durbin's plan of "asking a Republican Supreme Court justice to testify about a fellow Republican Supreme Court justice's ethics violations" didn't work out https://t.co/0GpLEriNzj
— Balls & Strikes (@ballsstrikes) April 25, 2023
"This is an untenable position," said Kyle Herrig, president of the watchdog group Accountable.US, in response to Roberts' refusal to appear.
"While the Supreme Court is on fire with scandals, Chief Justice John Roberts refuses to answer questions about the long list of troubling ethics issues undermining the credibility and integrity of our nation's highest court," Herrig continued. "We need urgent reform to restore public trust in our Court—and we need it now."
Another day, another demonstration of why it's outrageous that the Supreme Court doesn't have a binding Code of Conduct.
— Citizens for Ethics (@CREWcrew) April 26, 2023
We need judicial ethics reform and we need it now.https://t.co/6wX0RL1QWD
In a statement in the wake of the Thomas' revelations, Brett Edkins, managing director of policy and political affairs for Stand Up America, said that it will be up to Congress to seek judicial reforms to curb ethics violations that many argue have led to wholesale corruption on the Court.
"Thomas is unfit to serve on any court, let alone our nation's highest court. His failure to disclose his close financial dealings with a GOP billionaire has single-handedly destroyed what little credibility this MAGA Court had left," Edkins said.
"Congress has a constitutional duty to hold this Court in check," he added. "Failing to hold Justice Thomas accountable, hold hearings, and pass a Supreme Court code of ethics would be a dereliction of that duty."
Durbin has said the hearing on May 2 will go on with or without the participation of Roberts or the other Justices.
"I extended an invitation to the chief justice, or his designate, in an attempt to include the court in this discussion," Durbin said. "But make no mistake: Supreme Court ethics reform must happen whether the court participates in the process or not."
