Staff Reports
Senate Democrats are on a mission to bring down conservative allies of Justice Clarence Thomas, and they’re starting by going after one of his closest friends and a GOP mega-donor. Harlan Crow, the target of their ire, is known for his generous financial support of Republican causes, including backing Justice Thomas. Now, the Senate Judiciary Committee, led by Democrat Sen. Richard Durbin, is vowing to issue subpoenas for Crow, along with Leonard Leo and Robin Arkley II, both conservative advocates.
With a slim majority of 11 Democrats to 10 Republicans on the committee, the subpoenas are expected to move forward. The Democrats want these men to testify in order to push legislation that would impose an ethics code on the Supreme Court. Despite their attempts to work with Crow, Leo, and Arkley, the Democrats say they’ve faced resistance, forcing them to seek compulsory measures.
Senate Democrats are moving to subpoena Harlan Crow, a GOP mega-donor and close friend to Justice Clarence Thomas, along with other conservative allies as part of their push to impose an ethics code on the Supreme Court. https://t.co/of8ExIJTZ6
— The Washington Times (@WashTimes) October 31, 2023
Chairman Durbin and Sen. Sheldon Whitehouse, the chair of the subcommittee on federal courts, penned a joint statement calling on Chief Justice John G. Roberts Jr. to take action and adopt a binding code of conduct. They warned that as long as he refuses to act, the Judiciary Committee will continue with their attempts to impose one themselves.
The focus on Harlan Crow’s financial relationship with Justice Thomas has been ongoing for months. Democrats have been demanding information about Crow’s friendship with Thomas, as well as specifics about any gifts or expenses he may have provided on the justice’s behalf. Crow has repeatedly declined to answer these inquiries on the grounds of a separation of powers conflict.
ProPublica has been the main source of negative press surrounding Justice Thomas and his connection to Harlan Crow. They reported that Crow paid private school tuition for Thomas’ great-nephew, amounting to a staggering $150,000. Justice Thomas did not disclose these payments in his financial disclosure forms, leading to questions about his adherence to ethics standards.
Justice Thomas has defended his relationship with Crow and asserted that he consulted with colleagues to ensure he followed disclosure requirements. Nevertheless, the scrutiny continues, with the media reporting on other alleged ethics concerns involving Justice Alito and luxury travel funded by billionaires.
The Supreme Court currently does not have a mandatory code of ethics, unlike lower courts. Chief Justice Roberts has stated that the court generally follows the Judicial Conferences’ Code of Ethics that binds lower courts but not the Supreme Court itself. In July, Democrats on the Judiciary Committee introduced a bill that would impose a code of ethics on the high court, but it has yet to receive a full vote on the Senate floor. Given the Senate’s current makeup, it is unlikely to pass the 60-vote threshold needed to overcome a filibuster.
