Georgia Congressman Hank Johnson Leads Letter Urging Speaker, Judiciary Chair for Hearing, Floor Vote on SCOTUS Ethics BillGeorgia Congressman Hank Johnson
Below is a press release from Georgia Congressman Hank Johnson.
Congressman Hank Johnson (GA-04), ranking member of the House Judiciary Subcommittee that oversees the courts, and 32 House colleagues sent a letter today calling for immediate hearings and floor vote on H.R. 926, the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act.
In the wake of still more troubling reports in ProPublica of unethical behavior by Clarence Thomas, who as a Supreme Court justice holds a uniquely powerful and important position in our third branch of government, the members are calling on their colleagues to act.
“. … ProPublica reported that Justice Thomas has accepted at least 38 destination vacations, 26 private jet flights, eight helicopter flights, VIP passes to sporting events, stays at luxury resorts, and an invitation to an exclusive golf club — gifts which he failed to disclose to the public. The total value of these undisclosed trips is estimated at several million dollars, according to ProPublica. The gifts came from a range of secret benefactors, including Harlan Crow, David Sokol, H. Wayne Huizenga, and Paul “Tony” Novelly. In addition, recent reporting in the New York Times documented how Justice Thomas purchased a $267,230 luxury recreational vehicle with custom detailing and plush leather seating, financed through a secret private loan. The loan terms are not public, and there is no documentation that Justice Thomas ever repaid the loan in full.”
SCERT brings accountability to the Supreme Court. Under the SCERT Act, among other things, there will be:
• A code of conduct for Supreme Court justices.
• Minimum lobbying, gift, travel, and income disclosure rules.
• Disclosure of funding sources for amicus briefs.
• An investigative board composed of Circuit Court judges to review complaints submitted against Supreme Court justices, and public posting of their decisions.
• Circumstances that require recusals.
Read the full letter here.
Co-signers of the letter: Rep. Jerrold Nadler (NY), Rep. Mike Quigley (IL), Rep. Adam Schiff (CA), Rep. Deborah Ross (NC), Rep. Cori Bush (MO), Rep. Becca Balint (VT), Rep. Jamie Raskin (MD), Rep. Nikema Williams (GA), Rep. David Trone (MD), Rep. Jasmine Crockett (TX), Rep. Eleanor Holmes Norton (DC), Rep. Betty McCollum (MN), Rep. Nanette Diaz Barragán (CA), Rep. Jan Schakowsky (IL), Rep. André Carson (IN), Rep. Kevin Mullin (CA), Rep. Rashida Tlaib (MI), Rep. Dwight Evans (PA), Rep. Danny K. Davis (IL), Rep. Katie Porter (CA), Rep. Mark Takano (CA), Rep. Barbara Lee (CA), Rep. Julia Brownley (CA), Rep. Dan Goldman (NY), Rep. Mike Levin (CA), Rep. Lori Trahan (MA), Rep. Gerald E. Connolly (VA), Rep. Mark DeSaulnier (MA), Rep. Mark Pocan (WI), Rep. Raúl M. Grijalva (AZ), Rep. Sean Casten (IL), Rep. Tony Cárdenas (CA).
The letter below
August 22, 2023
Dear Speaker McCarthy and Chairman Jordan:
We are writing to follow up on our request from April 17, 2023, that you hold hearings and bring H.R. 926, the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act, to the House floor as soon as possible. In the months since our letter, there has been a cavalcade of concerning revelations about Justice Clarence Thomas’s receipt of millions of dollars’ worth of secret gifts from billionaires. Congressional oversight and action provide some of the few forms of accountability for Supreme Court justices. The public’s faith in the Court is plummeting, and we would be derelict in our oversight responsibilities if we fail to address these repeated and blatant ethical lapses in the third branch of government. To protect the integrity of the Court, we must act now.
Earlier this month, ProPublica reported that Justice Thomas has accepted at least 38 destination vacations, 26 private jet flights, eight helicopter flights, VIP passes to sporting events, stays at luxury resorts, and an invitation to an exclusive golf club—gifts which he failed to disclose to the public. The total value of these undisclosed trips is estimated at several million dollars, according to ProPublica. The gifts came from a range of secret benefactors, including Harlan Crow, David Sokol, H. Wayne Huizenga, and Paul “Tony” Novelly. In addition, recent reporting in the New York Times documented how Justice Thomas purchased a $267,230 luxury recreational vehicle with custom detailing and plush leather seating, financed through a secret private loan. The loan terms are not public, and there is no documentation that Justice Thomas ever repaid the loan in full.
Justice Thomas also appears to have used his position as a public officer to fundraise for an outside organization. As the New York Times reported, Justice Thomas has routinely given access to the U.S. Supreme Court building for Horatio Alger Association events, which ProPublica confirmed cost $1,500 or more in donations per person.
It is untenable that the Supreme Court lacks an enforceable ethics code like we do, and that it lacks an ethics office to monitor compliance—unlike the other two branches of government. The Court has had ample time to address these serious breaches in conduct but has failed to do so. The Chief Justice’s April release of a non-binding “Statement on Ethics Principles and Practices” is wholly insufficient. We must install legislative guardrails on the Court immediately to restore public trust.
SCERT will fix this problem and bring accountability to the Supreme Court. Under the SCERT Act, among other things, there will be:
• A code of conduct for Supreme Court justices;
• Minimum lobbying, gift, travel, and income disclosure rules;
• Disclosure of funding sources for amicus briefs;
• An investigative board composed of Circuit Court judges to review complaints submitted against Supreme Court justices, and public posting of their decisions;
• Circumstances that require recusals.
A vibrant democracy requires that the public believe the Supreme Court is acting in their best interests, rather than just using their position for financial gain. A strong democracy also requires that the American public see Congress using our power to rein in a branch that seems to have forgotten what it means to be a public servant. We look forward to hearings and floor action as soon as possible on this vital issue.
Sincerely,
MEMBERS OF CONGRESS
