Senator Seeking to Investigate Justice Alito for Stating Congress Cannot Regulate Supreme Court

U.S. Supreme Court Justice Samuel Alito speaks at Georgetown University in Washington on Feb. 23, 2016. Chip Somodevilla/Getty Images

Sen. Sheldon Whitehouse (D-R.I.) has asked Chief Justice John Roberts to launch an investigation into Justice Samuel Alito for “violating several canons of judicial ethics” after the latter’s comments about Supreme Court ethics.

Justice Alito told The Wall Street Journal in an interview published on July 28, “Congress did not create the Supreme Court,” rather it was the Constitution that did. “I know this is a controversial view, but I’m willing to say it,” he said. “No provision in the Constitution gives them the authority to regulate the Supreme Court—period.”

He was referring to Article III, section 1 of the Constitution, which states: “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” Justice Alito’s comments came after the Democrat-controlled Senate Judiciary Committee narrowly approved a Democrat-backed Supreme Court ethics reform bill—the Supreme Court Ethics, Recusal, and Transparency Act—on July 20.

In his letter (pdf), Mr. Whitehouse implored the Chief Justice to investigate “revelations that Justice Alito accepted but did not disclose gifts of luxury travel and exclusive lodging from right-wing billionaires, one with business before the Court.”

Besides this, Mr. Whitehouse accused Justice Alito of making public comments on the ethics reform bill and “it would be improper to express opinions on matters that might come before the Court.”

“In the worst case facts may reveal, Justice Alito was involved in an organized campaign to block congressional action with regard to a matter in which he has a personal stake,” wrote Mr. Whitehouse.

Whitehouse’s Ethics Complaint

Mr. Whitehouse referenced reports by ProPublica and the WSJ interview in the complaint.

“Justice Alito accepted private jet travel to an all-expenses-paid Alaskan fishing vacation from hedge fund billionaire Paul Singer. Singer, who has contributed over $80 million to Republican political organizations, subsequently had business before the Court. Alito’s luxury vacation was organized by Leonard Leo, the engineer for a cadre of right-wing billionaires of the current right-wing Supreme Court supermajority.

Sen. Sheldon Whitehouse (D-R.I.) speaks during a congressional hearing in Washington on Feb. 25, 2021. Susan Walsh/Pool/Getty Images

“Alito’s lodging on the vacation was provided by the billionaire Robin Arkley II, who funded the launch of Leo’s primary advocacy group in the Court-capture effort, the ‘Judicial Crisis Network.’ Alito did not disclose these gifts on his annual financial disclosure report, as required by federal law.”

There has been a concerted effort from certain groups to change the current structure of the Supreme Court.

ProPublica, which has reported repeatedly on Justice Clarence Thomas’s alleged ethics violations and donations, has been found to have received donations from some of these groups.

ProPublica was founded by the Sandler Foundation, which is accused of pouring millions of dollars into groups that focus on attacking the characters of Justices Thomas and Alito. Since 2010, the organization has given $40 million to the outlet.

Besides that, tax documents obtained by the Daily Caller also show that left-wing billionaire financier George Soros’s Foundation to Promote Open Society had given over $3 million to ProPublica.

ProPublica’s claims were refuted immediately by Justice Alito in the WSJ interview, in which he accused the outlet of misleading the public.

Mr. Whitehouse said his complaint has been written in the form of a letter because the Supreme Court, unlike other federal courts, “has no formal process for receiving or investigating such complaints.” He urged the Chief Justice to “forge a proper complaint procedure.”

Justices Disclosing Gifts

Amid Congress demanding increased scrutiny of SCOTUS judges, Justices Thomas and Alito recently filed disclosure forms detailing gifts and facilities undertaken, some previously undisclosed.

Justice Thomas revealed that GOP donor and billionaire Harlan Crow paid for private jet trips for the justice in 2022 to attend an event in Texas and to vacation at his friend’s New York estate.

Supreme Court Associate Justice Clarence Thomas attends the ceremonial swearing-in ceremony for Amy Coney Barrett to be the U.S. Supreme Court Associate Justice on the South Lawn of the White House in Washington on Oct. 26, 2020. Tasos Katopodis/Getty Images

The nine-page form (pdf), which was filed with the Committee on Financial Disclosure of the Administrative Office of the United States Courts, covers the year 2022. The form was due in May, but the justice received a filing extension.

Justice Thomas’s attorney, Elliot Berke, said in a statement that his client “has always strived for full transparency and adherence to the law.”

Mr. Berke also alluded to ethics complaints that have been lodged against his client by what he characterized as “left wing” organizations.

Justice Thomas wrote that he was provided transportation, meals, and lodging in connection with a speaking slot in March of 2022 in Salt Lake City at an event held by the Hatch Center.

He also wrote that he accepted transportation, meals, and lodging from Mr. Crow in July of 2022 at a property in Keese Mill, New York.

Justice Thomas also disclosed that he took flights in May of 2022 “because of the increased security risk following the Dobbs opinion leak.” He was referring to the leak of the draft majority opinion in the major case that led to the reversal of Roe v. Wade in June of 2022. News of the leak led to raucous protests at the homes of conservative justices and threats to their safety and lives, resulting in heightened security measures at the Supreme Court building in Washington.

Justice Alito reported that he had earned $29,250 from teaching at three law schools.

He wrote that he received lodging and meals from Duke Law School in May 2022 for teaching a Master of Laws program. He also wrote that he received transportation, lodging, and meals from Notre Dame Law School in July 2022 for a summit held in Rome.

Mr. Whitehouse seemed unimpressed by the new disclosures.

“This late-come effort at ‘Clean-up on Aisle Three’ won’t deter us from fully investigating the massive, secret, right-wing billionaire influence in which this Court is enmired,” said the senator.

Matthew Vadum contributed to the report.