In an unprecedented move, Senate Judiciary Committee Democrats are planning to subpoena GOP donor Harlan Crow and conservative fundraiser Leonard Leo, both of whom are connected to Justices Clarence Thomas and Samuel Alito. The subpoenas are related to an investigation into ethical lapses within the Supreme Court.
Senate Democrats aim to acquire records and testimonies about private jet trips, lodging, and exclusive club access provided to the justices. Information about gifts and special treatment, previously reported by investigative news outlet ProPublica, is also sought. This new approach comes in response to the Supreme Court justices’ refusal to cooperate with the Senate Democrats’ oversight attempts. In April, Chief Justice John Roberts declined to testify about the controversies, and Alito has publicly stated that he doesn’t believe Congress has the authority to regulate the Supreme Court.
The subpoenas have a dual purpose; they support the committee’s investigation into judicial ethics and could cultivate increased scrutiny on the wealthy individuals who forge close ties with Supreme Court justices. Commentators suggest these subpoenas could deter the kind of prolific giving that has recently drawn public attention.
According to Lisa Graves, a former chief counsel of nominations for the Senate Judiciary Committee and a current researcher and advocate for court ethics, this senate action reinforces the principle that people shouldn’t pay for special access to Supreme Court justices.
An unexpected outcome has already occurred. The committee rescinded its plan to subpoena businessman Robin Arkley II after the GOP donor agreed to comply with the investigation. However, the ongoing issues surrounding the Supreme Court have ignited divisions with Republicans accusing Democrats of a politically motivated crusade against the court’s conservative majority.
Democrats claim the subpoenas are essential to determine whether the justices acted improperly and to examine their personal lifestyles. However, Leo has condemned the Senate Judiciary Democrats’ actions as an infringement of his free speech rights and called the probe “political retaliation.” He has also disputed the committee’s oversight of the court, arguing that legislation to establish an ethics code would be “unconstitutional.”
The legal dispute could become complicated if Leo and Crow resist the subpoenas. Even the high court could be drawn into ruling upon a probe into its own ethical questionings. If the subpoenas are authorized by the committee’s Democratic majority, the committee could either seek civil enforcement of the subpoenas in court – a move requiring a full Senate vote – or refer directly to the Justice Department for prosecution.
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