Federal Courts Will Not Refer Supreme Court Justice Clarence Thomas to Attorney General Over Ethics Concerns

In a significant legal development, the U.S. federal courts have announced that they will not refer allegations of ethical violations against Supreme Court Justice Clarence Thomas to the Justice Department. The decision, made public on Thursday, comes after several Democratic senators called for an investigation into Thomas’ acceptance of undisclosed luxury trips funded by wealthy individuals, including prominent Republican donor Harlan Crow. These allegations raised questions about the ethical standards upheld by the nation’s highest court.

The U.S. Judicial Conference, the policymaking body for the federal court system, confirmed the decision not to escalate the matter to the Department of Justice. Justice Thomas, who has been at the center of a growing ethical controversy, has agreed to comply with updated requirements regarding the reporting of trips and gifts. These updated guidelines are designed to provide clearer rules on accepting hospitality from personal friends. The revised rules were communicated to the Democratic senators who had raised concerns over the matter.

“It is critical that we create stronger mechanisms for investigating potential violations of judicial ethics to ensure that the public trust in our courts is upheld,” said Gabe Roth of Fix the Court.

The controversy surrounding Justice Thomas stems from his failure to disclose various trips, some of which were reportedly paid for by wealthy benefactors. Thomas has consistently defended his actions, explaining that he did not believe he was required to disclose these trips since the donors, including Harlan Crow, were personal friends. The issue has gained attention due to the fact that these trips were luxurious, with some involving private jets, yachts, and stays at lavish resorts.

The situation has highlighted the lack of a clear and enforceable code of ethics for Supreme Court justices. In response to growing public concerns, the Supreme Court implemented its first-ever code of ethics in 2023. However, critics have pointed out that this code lacks any enforcement mechanisms, leaving questions about accountability unanswered.

U.S. District Judge Robert Conrad, who serves as secretary for the U.S. Judicial Conference, noted that it remains unclear whether the law allows the conference to make a criminal referral regarding a Supreme Court justice. According to Conrad, a referral in this particular case is unnecessary because two Democratic senators had already urged Attorney General Merrick Garland to appoint a special counsel to investigate the matter. As of now, no such appointment has been made.