Top Democrat Urges Supreme Court Chief Justice to Testify on Ethical Issues

Top Democrat Urges Supreme Court Chief Justice to Testify on Ethical Issues
U.S. Supreme Court Justice John Roberts in Washington on Jan. 31, 2020. (Mark Wilson/Getty Images)
Zachary Stieber
4/20/2023
Updated:
4/26/2023
0:00

The U.S. Supreme Court’s chief justice should testify under oath to Congress on ethical issues, a top Democrat said on April 20.

Senate Judiciary Chairman Richard Durbin (D-Ill.) said that Chief Justice John Roberts should testify at a May 2 public hearing “regarding the ethical rules that govern the Justices of the Supreme Court and potential reforms to those rules” in a letter to the justice.

If Roberts accepts the invitation, the justice “would not be expected to answer questions from senators regarding any other matters,” Durbin said.

No sitting justices have testified before the panel since 2011. Since then, the nation’s top court has failed to address justices “falling short of the ethical standards expected of other federal judges,” Durbin said.

Testifying in public could help “strengthen faith in our public institutions,” he added.

The Supreme Court did not immediately respond to a request for comment, including whether Roberts would obey a subpoena if one were issued.

“Let him deal with a situation in his own backyard,” Sen. Lindsey Graham (R-S.C.), the panel’s ranking member, told The Epoch Times in an emailed statement. “I’m not saying it’s inappropriate; I’m just saying I would be surprised if he agreed to come. And I would support his decision not to come.”

Durbin told reporters that he cannot issue a subpoena if the invitation is turned down because of the absence of Sen. Dianne Feinstein (D-Calif.).

Feinstein, 89, has not been in Washington since February, leaving an equal number of Republicans and Democrats on the committee.

The aging senator asked to be temporarily replaced as she recovers from shingles. Still, Graham blocked the effort because he didn’t want to help Senate Democrats approve more judges to the federal bench.

Democrats hold a slim 51-49 majority in the Senate, giving them control of the upper chamber and each committee. But without Republican support on the now deadlocked panel, Democrats cannot carry out some business, including issuing subpoenas and discharging judicial appointees.

U.S. Senate Majority Whip Dick Durbin (D-Ill.) in Washington on April 18, 2023. (Anna Moneymaker/Getty Images)
U.S. Senate Majority Whip Dick Durbin (D-Ill.) in Washington on April 18, 2023. (Anna Moneymaker/Getty Images)

‘Needs to Change’

Durbin, the Senate majority whip, has been among the Democrats increasingly calling on the Supreme Court to enforce a code of conduct for justices.
He issued a fresh call after the publication of a report about Justice Clarence Thomas accepting free vacations from a GOP megadonor. Thomas has denied wrongdoing.

“The highest court in America should not have the lowest standards when it comes to ethics. But for too long, that has been the case with the United States Supreme Court. It definitely needs to change,” Durbin said on the Senate floor in Washington.

He said the Supreme Court should take action; if it does not, Congress should pass new laws targeting the court.

Democrats have floated bills that would impose term limits on justices and force them to implement an ethics code.

One bill being considered would try to force the adoption of a code by tying it to congressional funding for the court.

“It is unacceptable that the Supreme Court has exempted itself from the accountability that applies to all other members of our federal courts, and I believe Congress should act to remedy this problem,” Sen. Chris Van Hollen (D-Md.), chairman of the Appropriations Subcommittee on Financial Services and General Government, who is weighing introducing the bill, told news outlets in a statement.

Sen. Bill Hagerty (R-Tenn.), the top Republican on the subcommittee, does not support the proposal.

“Senator Hagerty strongly believes in preserving the independence of the Judicial Branch from political interference intended to force the Court to change its rulings or policies,” a spokesperson told outlets. “Threats to hold the personal security of the justices and their families hostage, in exchange for favored policies, are no different from court-packing proposals or protests outside the homes of Justices.”