The Supreme Court is under increasing pressure from Democratic lawmakers and transparency advocates to strengthen disclosure rules and adopt ethics guidelines specific to judges after news reports revealed undisclosed Thomas’ real estate deals and private jet travel, and raised questions about the recusal habits of conservative and liberal judges.
Thomas’ 2022 filing was highly anticipated after ProPublica reported on financial dealings with his close friend and benefactor, Texas businessman Harlan Crow. Instead, it’s Tomas up to 90 additional days to submit his filing, which may include any changes or updates related to his finances from previous years.
Revised ethics rules adopted in March require judges — and all federal judges — to provide a more thorough public accounting of free trips and other gifts that they accepted. The changes clarify, for example, that judges must report travel by private jet. The revised rules are also designed to clarify which gifts are considered “personal hospitality” from a close friend and are exempt from disclosure.
Judges are not alone in filling out such forms. Federal ethics law requires top officials from all branches of government, including the legislative and executive branches, to file annual disclosures that list investments, gifts, spouses and outside income so the public can check for potential conflicts of interest.
There were little signs Wednesday that the review of court practices is having an impact. Justice Elena Kagan for the first time explained on her disclosure form that the rental income she listed in previous years came from a parking lot she owned in D.C. The space was worth between $15,000 and $50,000, and Kagan collected between $2,501 and $5,000 in rent, according to the filing.
ProPublica reported this spring that Thomas took several luxury trips with Crow, traveling on his private jet and yacht and staying at his private resort. Crow also bought three properties in Savannah, Ga., from Thomas in 2014, the nonprofit news organization reported, including the home where Thomas’ mother lived and two vacant lots nearby.
Experts say that $133,363 in real estate The transaction must be reported on his financial disclosure forms. Allies of Thomas said the judge’s free travel with Crow should not be disclosed and said there is nothing wrong with accepting gifts from a longtime friend. But transparency advocates say such spending should be disclosed – and definitely reported starting in 2022 forms, due to revised rules adopted in March.
A separate ProPublica article said Crow paid private boarding school tuition for Thomas’ grandson, a young man the justice said he raised as a son. Thomas did not disclose the tuition arrangement, which justice allies say is not subject to reporting requirements because the definition of “dependent child” does not include a grandchild.
A committee of the federal judiciary’s policymaking body is reviewing complaints from Democratic lawmakers that Thomas should have disclosed his dealings with Crow. The Senate Judiciary Committee also asked Crow to provide a full accounting of gifts and travel he gave to Thomas or any other Supreme Court justices. Crow has so far refused to cooperate.
In recent years, judges have privately discussed but failed to reach consensus on an ethics code of conduct specific to the high court. Senate Democrats introduced legislation to impose standards on judges similar to members of Congress and other senior government officials.
Chief Justice John G. Roberts Jr. refused. the invitation from the Senate Judiciary Committee to testify in May, citing concerns about the separation of powers. But Roberts said in a recent speech that he is “committed to making sure that we as a court adhere to the highest ethical standards,” and that judges “continue to look at things that we can to give practical effect to that commitment.”
This is a developing story. It will be updated.
