Justice Samuel A. Alito Jr. stunned the public by preemptively responding to questions about his travel with a billionaire who frequently appears before the Supreme Court. This unexpected move came just hours before an article detailing their connection was set to be published by ProPublica.
In an unconventional and bold move, Justice Alito defended himself in an op-ed piece in The Wall Street Journal, a platform he favors, before ProPublica had the chance to release their report on a luxurious fishing trip Alito took with the billionaire in 2008.
This response from Justice Alito comes at a time when the justices are facing increased scrutiny regarding their ethical obligations to report gifts and recuse themselves from cases involving their sponsors. These latest revelations are certain to ignite calls for the court to establish stricter ethics rules.
Different justices have approached the issue in various ways, attempting to protect the integrity of the court. Justice Clarence Thomas has mostly remained silent in the face of revelations about gifts from Republican donor Harlan Crow. Chief Justice John G. Roberts Jr. declined an invitation to testify about the court’s ethical practices offered by Congress and made vague statements concerning the matter. On the other hand, Justice Alito has chosen a more confrontational approach.
ProPublica’s article focuses on a trip Justice Alito took to a remote part of Alaska, where he arrived on billionaire Paul Singer’s private jet. According to estimates, chartering the flight would have cost over $100,000 one way. Notably, Justice Alito did not mention this trip in his annual disclosures, which many legal ethic experts argue is a violation of federal law. In the following years, Singer’s businesses were involved in several Supreme Court cases in which Justice Alito participated.
ProPublica reached out to Justice Alito for comment, but instead of responding directly to them, he chose to address the issue through The Wall Street Journal. In his op-ed, Alito made two crucial points: he was not obligated to recuse himself from the cases or disclose the travel.
Justice Alito claimed to have only had a few interactions with Paul Singer, including two instances where Singer introduced him before speeches. Alito stated that these facts would not reasonably cause doubt regarding his ability to decide impartially in matters related to Singer. He also claimed to have been unaware of Singer’s connection to the court cases, despite widespread reporting on the matter. Alito’s majority decision in Republic of Argentina v. NML Capital, a case involving Singer’s business, garnered attention from Forbes and The New York Times.
Regarding the disclosure of the trip, Alito cited a federal law that allows exceptions for reporting gifts when it comes to “personal hospitality,” which includes situations involving privately owned facilities. Justice Alito considered Singer’s private jet as one such facility, referring to dictionary definitions for support.
As a response to recent revelations, the Judicial Conference of the United States, the governing body for federal courts, has issued new guidelines mandating the disclosure of private jet travel and stays at commercial properties. Justice Thomas, who received luxurious vacations from donor Harlan Crow, including extended stays on Crow’s yacht, has agreed to comply with these revised rules. Thomas defended accepting the trips, citing his close friendship with Crow.
In his op-ed, Justice Alito challenged ProPublica’s depiction of the fishing trip as excessively luxurious, particularly their account of extravagant meals with expensive wine. He maintained that he stayed in a modest one-room unit at the King Salmon Lodge, where the meals were home-style fare. Additionally, Alito contested the notion that the Lodge served $1,000 bottles of wine, as suggested by ProPublica.
ProPublica revealed that Leonard Leo, a prominent figure in the Federalist Society, a conservative legal group, was involved in organizing the fishing trip. Leo attended the trip along with Alito and allegedly stated that justices from across the ideological spectrum have received hospitality from friends and supporters without compromising their judicial work.
The Supreme Court has been facing increased criticism and questions about its ethical practices. Justice Alito expressed disappointment in the lack of support from the legal community. He remarked that this kind of concerted attack on the judiciary is new during his lifetime, suggesting that judges typically do not respond to criticisms. Alito believes that the organized bar should defend the courts, but instead, he feels they have participated in these attacks.
The Journal has previously published an extensive interview with Justice Alito, indicating a solid relationship between the justice and its opinion pages. Alito expressed his dismay that lawyers have not rallied behind the court during this time of scrutiny and accusations of ethical lapses.
These recent revelations have highlighted the insufficient disclosure requirements in place and the justices’ reliance on self-policing. Advocacy groups are calling for an ethics overhaul within the Supreme Court, citing the need for the justices to set ethical standards as exemplars.
Chief Justice Roberts has assured the public that the court is committed to upholding the highest standards of conduct. While looking for ways to practically implement this commitment, he acknowledged the limitations faced by Congress under the separation of powers outlined in the Constitution.
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