An ethics complaint was recently lodged against Supreme Court Justice Samuel Alito by Rhode Island Senator Sheldon Whitehouse. This development follows the controversial interview with the Wall Street Journal that Alito gave in the backdrop of mounting journalistic scrutiny surrounding the justices’ finances. The inquiries have unveiled undisclosed real estate deals, billionaire connections, luxury vacations, among other interests, sparking concerns for potential improprieties.
In his WSJ interview, Alito ardently denied the constitutional authority of Congress to regulate the Supreme Court. This stance was considered outrageous even by his fellow justices. This issue, along with multiple others, led to the filing of the ethics complaint.
Whitehouse, as the chairman of the Senate Judiciary Committee’s subcommittee on federal courts and oversight, and a frequent critic of the Court’s lack of disclosures, expressed concerns at the absence of standard procedure for lodging ethics complaints against Supreme Court. He urged for the establishment of a uniform process to deal with such complaints.
The ethics complaint gains significance as Whitehouse is also spearheading an effort to pass an ethical code for the High Court. Alito’s comments against such a code, considering it might confront the Court, were deemed improper. Further adding to the ethical concerns was one of the WSJ interviewers, BakerHostetler attorney David B. Rivkin Jr., who happens to represent Leonard Leo of the Federalist Society, currently under Senate Judiciary Committee’s scrutiny for a luxury trip with Alito.
Whitehouse further noted that Alito’s views on the investigation of Court’s ethics could benefit him personally, as undisclosed trips taken by Alito make part of the Committee’s probe. Such an act is a direct contravention of Canon 2(B) recommendations against using one’s office to advance personal interests.
Despite the filed complaint, Chief Justice Roberts has so far remained silent. Taking his history of dismissing Court ethics concerns into account, a response seems unlikely.
You can read the full letter by following the provided link.