Democrats punt on subpoenaing conservative Supreme Court justices’ benefactors for now
The Senate Judiciary Committee Delays Subpoena Vote in Supreme Court Ethics Investigation
The Senate Judiciary Committee made a surprising move on Thursday by postponing the vote to subpoena prominent Republican donors Leonard Leo and Harlan Crow as part of its ongoing ethics investigation into the Supreme Court. This decision came as a disappointment to Democrats on the committee, who were seeking information from Leo and Crow following a report by ProPublica that revealed their involvement in organizing extravagant trips for conservative justices on the Supreme Court.
While the committee did vote on two of President Joe Biden’s judicial nominees, it did not proceed with the expected vote on the subpoenas. Committee Chairman Dick Durbin (D-IL) accused Crow and Leo of obstructing the ethics investigation, which aims to determine whether Justices Clarence Thomas and Samuel Alito, both appointed by Republicans, engaged in any improper conduct.
The reasons behind the committee’s decision to delay the vote remain unclear. However, during the proceedings, Senator Marsha Blackburn (R-TN) made a bold statement, threatening to subpoena staff members of Justice Sonia Sotomayor in response to an Associated Press report that alleged coercion by Sotomayor’s court staff to encourage colleges to purchase her books.
While Crow and Leo have not been accused of any illegal activities, Democrats like Durbin and Senator Sheldon Whitehouse (D-RI) argue that the subpoenas are necessary to determine whether the justices acted unethically in their roles as jurists.
Republicans on the committee strongly oppose the ethics investigation, claiming that it is a politically motivated attempt by Democrats to undermine the recent decisions made by the Supreme Court’s 6-3 Republican-appointed majority. Senator Lindsey Graham (R-SC) expressed his concerns, stating that the committee’s actions could jeopardize its credibility and lead to chaos.
In order for the subpoenas to hold any weight, they would need to be approved by a full vote in the Senate. Alternatively, Democrats like Durbin could refer the non-compliance to the Justice Department for further action. However, it is worth noting that Congress has rarely pursued criminal or civil enforcement of subpoenas in recent times.
While Crow and Leo have been singled out for their connections to the justices, there is currently no evidence to suggest that the lavish trips attended by Alito and Thomas had any influence on their judicial decisions. Another individual who faced the threat of a subpoena was Robin Arkley II, but he agreed to provide relevant information for the ethics investigation without the need for a subpoena.
Carrie Severino, president of the conservative Judicial Crisis Network and a former clerk to Justice Thomas, compared the Democrats’ pursuit of an ethics investigation to their efforts to “pack the court,” referring to attempts to offset the conservative majority on the Supreme Court.
Both Durbin and Whitehouse have been vocal proponents of implementing a binding ethics code for the Supreme Court. This push gained momentum after Chief Justice John Roberts declined to testify before Congress about alleged ethical lapses, and Justice Alito expressed his belief that Congress lacks the authority to regulate the Supreme Court.
All nine members of the Supreme Court have stated that they adhere to the same ethical code of conduct followed by lower court federal judges. Furthermore, a majority of the justices have expressed support for establishing a new code of ethics specifically for the Supreme Court.
Justice Amy Coney Barrett, a Trump appointee, recently joined the conversation by stating her support for a code of ethics for the Supreme Court.
Overall, the Senate Judiciary Committee’s decision to delay the vote on subpoenas in the Supreme Court ethics investigation has raised questions and intensified the ongoing debate surrounding the role and conduct of the judiciary.
Key Takeaways:
- The Senate Judiciary Committee postponed the vote to subpoena GOP donors Leonard Leo and Harlan Crow in the Supreme Court ethics investigation.
- Democrats seek information on lavish trips organized for conservative justices, while Republicans argue the investigation is politically motivated.
- The reasons for the delay remain unclear, but threats of subpoenas against Justice Sotomayor’s staff were made during the proceedings.
- The subpoenas require Senate approval or referral to the Justice Department for enforcement.
- Efforts to establish an ethics code for the Supreme Court have gained support from justices and lawmakers.
What challenges does the Senate Judiciary Committee face in conducting this politically charged investigation
Erk on the Senate Judiciary Committee, voiced her support for Crow and Leo, stating, “Leonard Leo and Harlan Crow have made significant contributions to our judicial system and should not be subject to baseless investigations. It is important to uphold the integrity of our Supreme Court justices, but it is equally important to respect the rights of private citizens.”
The decision to delay the subpoena vote has generated mixed reactions from both Democrats and Republicans. Some argue that the delay undermines the credibility and transparency of the ethics investigation, while others view it as a necessary step to gather more information before proceeding. Regardless of the reasoning behind the delay, one thing is clear: the Senate Judiciary Committee is facing a significant challenge in navigating this politically charged investigation.
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