The United States Supreme Court itself, not Congress, should take care of ethics issues now before it. But it doesn’t look like that will happenl.

Thanks ProPublica

Thanks to reporting by ProPublica, we now know that U.S. Supreme Court Justice Clarence Thomas and his wife, Ginni, have been vacationing lavishly the past 10 years.

We know it not by his ethics reports

We know this not by Justice Thomas’ annual ethics reporting. He said he didn’t think such reports were necessary because his benefactor had no pending business before the U.S. Supreme Court. He also cited exemptions for gifts from personal friends. Thomas has accepted numerous week-long luxury trips, including island-hopping on Crow’s yacht, international and domestic private jet travel, and private resort stays.

But Harlan Crow?

But just who is Thomas’ benefactor, Harlan Crow? What would make the billionaire seek out Thomas for friendship? They weren’t friends, according to various reports, before he joined the court. But Crow has contributed significant sums to conservative causes. Thomas votes conservatively on the court.

Among the gifts

Other gifts Thomas’ friend Crow have given him include a $19,000 Bible that belonged to Frederick Douglass. He also gave the Thomas’ a portrait of the couple done by artist Sharif Tarabay. And tax filings show that Crow’s foundation also provided $105,000 to the Yale Law School, Thomas’ alma mater, tor the “Justice Thomas Portrait Fund”. 

And then the house

On April 13 ProPublica reported that Crow had quietly paid Thomas $133,000 for property occupied by Thomas’s mother’s home, despite law requiring disclosure of property sales by public officials. Crow said he bought the property with the intent of later turning the home into a public museum dedicated to Thomas. The properties included two vacant lots down the road. Soon after the purchase, an architecture firm received permits to begin $36,000 of improvements, while Thomas’s mother continues to live there.

Thomas’ lifestyle

Allegations have risen that Crow has been “subsidizing the lifestyle of Thomas and his wife” as Thomas continued to support conservative causes on the Supreme Court. Justices earn $220,000 per year. Under rules that went into effect on March 14, justices must disclose many forms of gifts they receive. But exceptions exist if a gift of food, lodging, or entertainment is deemed “personal in nature” and the hospitality has been directly offered by an individual who has a personal relationship to the government official in question. The new rules do require disclosure of stays at commercial properties as well as private jet travel.

Ethics and law

Legal experts cited by ProPublica say that Thomas did not disclose the gifts, violating a financial disclosure law and ethical norms for judges. But Chief Justice John Roberts isn’t biting. He is refusing to appear before Congress to discuss Justices’ ethics, citing the separation of powers required between the legislative and judicial branches. He’s probably right about that.

OK so now what?

The court needs to publicize its own ethical code and ensure justices are following it. The court’s public confidence already is eroded. This makes matters far worse. The editorial cartoon included here says all you need to know. Come on Clarence!