The federal courts have decided not to refer allegations of potential ethics law violations by Supreme Court Justice Clarence Thomas to the Justice Department, as confirmed by the judiciary's policymaking body on Thursday. This decision comes after Democratic senators had called for an investigation into Justice Thomas's undisclosed acceptance of luxury trips.
Justice Thomas has agreed to adhere to updated requirements regarding the reporting of trips and gifts, which now include clearer guidelines on accepting hospitality from friends. Previously, Thomas had defended his non-disclosure of trips funded by wealthy benefactors, citing them as close personal friends.
The Supreme Court introduced its first code of ethics in 2023 in response to ongoing criticism, although the new code still lacks a mechanism for enforcement.
There is uncertainty surrounding whether the U.S. Judicial Conference has the authority to make a criminal referral concerning a Supreme Court justice, as noted by U.S. District Judge Robert Conrad, who serves as the conference's secretary. The conference, led by Chief Justice John Roberts, sets policy for the federal court system.
Judge Conrad stated that a referral in this case is deemed unnecessary, given that two Democratic senators had previously urged Attorney General Merrick Garland to appoint a special counsel. However, no such appointment has been publicly announced.
Advocacy group Fix the Court emphasized that the financial disclosure law should be applicable to justices and called for a transparent mechanism to investigate justices for ethics violations. The group's Executive Director expressed disappointment in the conference's response.
Judge Conrad also addressed a separate complaint from a conservative legal group regarding Justice Ketanji Brown Jackson's reporting of her husband's consulting income. Justice Jackson has since amended her disclosures and agreed to updated reporting requirements.
