“Chief Justice Roberts can solve this problem this afternoon. He can establish a code of conduct and the responsibility of his justices. To disclose everything and be done with us. The alternative is he’s got to live with this is a very strong legacy,” Durbin told reporters on Wednesday afternoon.
Even if Durbin can round up Democratic votes on his committee, Senate Minority Leader Mitch McConnell made clear he will try and sink anything on the Senate floor. Nevertheless, movement on the Judiciary Committee shows a more aggressive stance from Senate Democrats.
Durbin’s statement was prompted by a ProPublica report that Justice Samuel Alito took an expensive fishing trip with prominent GOP donor Paul Singer, a story that followed another ProPublica investigation into Justice Clarence Thomas accepting luxury trips from billionaire Harlan Crow. Alito took part in a court decision that involved Singer’s business.
The move by Durbin, the panel’s chair, and Whitehouse, a pugnacious liberal fighter on court issues, escalates the conflict between a Democratic Senate and the conservative court majority. It’s a fight that’s been brewing since McConnell blocked Merrick Garland’s nomination to the Supreme Court in 2016, and it is accelerating due to ProPublica’s reporting on the justices.
Republicans have mostly defended the Supreme Court justice, since they have not done anything technically illegal.
“The Supreme Court, in my view, can’t be dictated to by Congress. I think the Chief Justice can address these issues, Congress should stay out of it,” McConnell told reporters. “I have total confidence in Chief Justice John Roberts.”
Democrats in the upper chamber would need at least nine Republicans to back any court ethics legislation in order to overcome a filibuster, though a bill could advance through the Judiciary Committee with a simple majority. Senate Majority Leader Chuck Schumer said he supports Durbin’s effort but made no firm commitment to hold a floor vote.
The goal with any legislation, Democrats say, is to apply the same standards to the Supreme Court that govern lower courts. Whitehouse has a bill to increase disclosure requirements and allow complaints to be filed against justices. Separately, Sens. Angus King (I-Maine) and Lisa Murkowski (R-Alaska) have a bill that would require the high court to create its own code of conduct.
Democrats have tried to prod Roberts to appear before the Senate Judiciary Committee this year to discuss the matter, but Roberts declined. Durbin also held a hearing about ethics reform in May.
The panel chair has not moved to subpoena Roberts, but his announcement Wednesday is a clear move to force some action by the chief justice. Roberts has responded to Durbin’s queries with a “Statement on Ethics Principles and Practices,” which was signed by all nine justices.
Katherine Tully-McManus contributed to this report.