It has come to light that Supreme Court justices can supplement their modest $268,300 salaries with the help of wealthy acquaintances. An investigation by ProPublica has revealed that Associate Justice Samuel Alito accepted a luxury fishing trip in Alaska in 2009, which included a private flight courtesy of billionaire Paul Singer. This encounter was arranged by Leonard Leo, the influential leader of the conservative Federalist Society, known for its role in recommending conservative judges to the federal bench.
What is particularly concerning about Justice Alito’s trip is that he failed to report it as required by the Supreme Court’s ethical rules. Furthermore, he did not recuse himself from voting in multiple decisions involving Singer’s hedge fund, including a case worth $2.4 billion against Argentina, in which the court ruled in Singer’s favor. These actions raise questions about the integrity and impartiality of Justice Alito’s decisions.
This revelation is reminiscent of earlier reports from ProPublica regarding Associate Justice Clarence Thomas, who has received travel and personal gifts from billionaire and Republican donor Harlan Crow over the course of several decades. Justice Thomas also failed to disclose these gifts or his financial transactions with Mr. Crow. While Crow’s involvement with the court is not as direct as Singer’s, questions still arise about the potential influence on ideologically sensitive cases.
The case of Justice Thomas may be arguable as he and Mr. Crow shared a similar conservative stance, which could be seen as not significantly impacting his existing ideological perspective. However, Justice Alito’s connection with Singer, a billionaire with financial interests in legal matters, is more troubling. As a Supreme Court justice, it is clear that Justice Alito should have refrained from ruling on issues involving Mr. Singer, regardless of the extent of his influence in those decisions.
Both justices have provided feeble defenses for their actions. Justice Alito claims that if he had declined the seat on Singer’s plane, it would have gone unused. He also argues he had no knowledge of Singer’s connection to the cases involving his hedge fund. Justice Thomas, on the other hand, asserts that he was advised by unnamed justices and people within the federal judiciary that he did not need to report Mr. Crow’s generosity due to their personal friendship.
These justifications are scandalous considering that any other federal judge or employee would face severe consequences for similar ethical breaches. In fact, impeachment could be a fitting response, especially in Justice Alito’s case where he failed to disclose his conflict of interest or recuse himself. However, the current political landscape makes impeachment unlikely, as Republicans control the House and enough Senate Republicans are unlikely to join Democrats to reach the required two-thirds majority for a conviction.
In addition, pursuing impeachment would further disillusion the public who are already weary of the hyperpartisanship in Washington. The excessive and fruitless investigations of previous administrations, including the multiple investigations of Hillary Clinton and the justified but futile impeachments of Donald Trump, have left many Americans fed up with the circus-like atmosphere.
Chief Justice John Roberts and his fellow justices, regardless of their political leanings, must acknowledge the clear conflicts of interest and ethical lapses displayed by Justices Alito and Thomas. They should understand that each revelation undermines the legitimacy of the court and the public’s trust. It is their duty to protect and preserve the integrity of this vital branch of government, ensuring that history judges them as faithful guardians of their entrusted legacy. They should lead the charge for Congress to address these issues and establish a credible system of accountability for all justices.
Relying on the self-policing of individual justices is an inadequate approach. Like any human beings in positions of power, the top jurists in the nation require checks and balances. It is not a complex task to apply the same ethics rules that govern other federal judges to the Supreme Court justices and establish an effective mechanism for holding them accountable.
As for the controversial gifts, the solution is simple: the justices should follow the example of other judges and federal employees and decline them or face the appropriate consequences, including potential termination. If the justices cannot adhere to such conditions, then the lifetime appointment and substantial salary that is more than four times the national average may not be suitable for them. However, it is safe to assume that their wealthy friends will continue to support them, even if they are no longer in a position to advance their personal interests or causes.
Yeah, right.
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