Ethical Dilemma Arises from SCOTUS Justices’ College Visits

The Supreme Court justices’ visits to college campuses have recently come under scrutiny for their potential influence on fundraising efforts. An investigation by the AP has uncovered thousands of pages of documents revealing how public colleges and universities use these visits as opportunities to generate donations, often pairing justices with influential donors who have interests before the court. This raises ethical concerns given the vague definition of banned fundraising at the Supreme Court.

University of Virginia law professor and ethics expert, Amanda Frost, expresses concern about the selling of access to justices. She emphasizes that the justices should be mindful of situations where people can claim access or use their proximity for fundraising purposes, as it poses a problem. The Supreme Court has traditionally benefited from the perception that justices choose public service over lucrative opportunities. However, the AP’s investigation, which involved over 100 public records requests, has revealed details about private receptions, invited donors, and politicians, as well as perks disguised as academic trips.

• During a visit to the University of Hawaii in 2012, Justice Sonia Sotomayor declined an invitation to a private dinner with longtime donors of the Law School. Her staff emphasized that she would not participate, signaling awareness of the potential ethical implications.
• Despite staff recommendations against donor presence, Justice Sotomayor’s visit to Clemson University in 2017 included guests who had donated at least $1 million to the school. Some even had the opportunity to take photos with her. Organizers referred to this as a “takes money to make money” moment, highlighting the financial motivations behind the event.
• When Justice Clarence Thomas appeared at McLennan Community College in Texas in 2017, the hosts collaborated with conservative lawyer Ken Starr to create a guest list for a dinner at a wealthy Texas businessman’s house. They aimed to reward school patrons with an audience with Justice Thomas. The schedule included a public interview, book signing, and two private dinners.
• Ahead of Justice Elena Kagan’s visit to the University of Colorado law school in 2019, there were discussions among organizers about the “donor to staff ratio” and the desire to cultivate relationships with VIP donors. The university clarifies that there were no solicitations during the event and no gifts resulted from it.
• Soon after Justice Neil Gorsuch’s appointment, he participated in an event organized to raise funds for a center honoring one of Senate Majority Leader Mitch McConnell’s close friends. The event included a public talk by Gorsuch, followed by private dinners with a small group and a reception at the university president’s house.

In January 2020, Justice Thomas combined a teaching assignment at the University of Florida’s law school with gatherings involving university donors and political figures. The university arranged a private jet for his transportation with a former law clerk, incurring a cost of $16,800. According to the university, this was considered standard practice.

In addition to the AP’s investigation, The New York Times conducted an in-depth examination of Justice Thomas’ connections to the Horatio Alger Association—an elite and highly influential organization. The report reveals how these friendships have granted him access to a lifestyle of immense material privilege, including vacations, VIP access to sporting events, and lavish parties.

The AP also notes that Justice Sotomayor’s staff has often encouraged public institutions hosting her to purchase her memoir or children’s books, contributing to her earnings of at least $3.7 million since she joined the court in 2009.

The AP report contains more detailed information regarding these findings.