Biden threw his weight behind the court imposing a binding code of ethics—though it remains a longshot to pass.
Topline
President Joe Biden endorsed the Supreme Court imposing a binding code of ethics on Monday, following a string of recent ethics issues the court has faced that have ramped up criticism of the court and sparked cries for a code of conduct from lawmakers and legal experts.Key Facts
Thomas’ Luxury Travel: Lawmakers renewed their calls for ethics reform after ProPublica revealed in April 2023 that Justice Clarence Thomas accepted gifts and luxury travel from GOP megadonor Harlan Crow for years without disclosing it as federal law requires—and while Thomas has started disclosing his trips on his financial disclosures, the Senate Judiciary Committee revealed in June it uncovered three more trips the justice took with Crow between 2017 and 2021 that he hadn’t disclosed.
Thomas and Harlan Crow: The luxury trips aren’t the only gifts and other controversial dealings Thomas has had with Crow, as the real estate magnate also reportedly purchased Georgia real estate from Thomas in 2014—including the home where the justice’s mother still lives—and paid for Thomas’ grand-nephew’s private school tuition.
Alito’s Secret Recordings: Documentary filmmaker Lauren Windsor, posing as a conservative, recorded an exchange with Justice Samuel Alito in which the justice says that Americans on the right and left “living together peacefully” is “difficult . because there are differences on fundamental things that really can’t be compromised”—later also agreeing with Windsor when she said she wanted to return the U.S. “to a place of godliness.” In a second recording, the justice blasted media outlets that have criticized justices’ ethics issues, claiming they’re just doing so because “they don’t like our decisions” and are very well-funded by ideological groups that have spearheaded these attacks.”
Alito’s Flag Flying: Alito flew an inverted flag after the 2020 election outside his house, according to the Times, which published an image of the flag flying on Jan. 17, 2021—when the court was considering a 2020 election-related case—with the Times reporting the flag “alarmed” neighbors and some of them reported it to the Supreme Court. The Times then reported Alito had also flown a second flag outside his beach house in 2023, known as the “Return to Heaven” flag, which originated during the American Revolution but has more recently been flown by Christian nationalists and Trump supporters on Jan. 6.
Thomas’ Wife: Thomas has also drawn significant controversy over his wife Ginni Thomas’ right-wing activism, particularly as she supported efforts to overturn the 2020 election as Thomas was hearing cases on it, and the justice has been criticized for failing to recuse himself in a case concerning documents being turned over to the House January 6 Committee.
Thomas’ RV Loan: Thomas never repaid a “substantial portion” of a $267,230 loan from wealthy friend Anthony Welters that he used to purchase a luxury RV, a Senate Finance Committee investigation found, which raised questions about whether the loan was properly reported on his taxes, as the committee noted there would be a “significant amount of taxable income” if Thomas never paid the principal on the loan, and that income wasn’t reported on his financial disclosure.
