Democrats in the Senate have announced the next phase of their ethics investigation into the U.S. Supreme Court, which was prompted after investigative reports found some justices enjoyed benefits that some suggested could have influenced their decisions on cases. Durbin said the Senate Judiciary Committee is seeking the ability to subpoena Harlan Crow, Leonard Leo, and Robin Arkley II.
The chair of the Senate Judiciary Committee, Dick Durbin, declared on X, formerly Twitter, that he was looking to subpoena Leonard Leo, Robin Arkley II, and Harlan Crow as the probe proceeds to the “next step.” Rich Republican contributors Crow and Arkley are connected to gifts given to Supreme Court judges, and Leo is an activist.
“The Supreme Court is in an ethical crisis of its own making,” Durbin, a Democrat from Illinois, said on Monday. “In order to adequately address this crisis, it is imperative that we understand the full extent of how people with interests before the Court are able to use undisclosed gifts to gain private access to the justices.”
“The inquiries the Committee has sent to Harlan Crow, Leonard Leo, and Robin Arkley are critical to this work,” the Democratic senator said.
The Democrat attributed the current Senate inquiries to news published earlier this spring and summer that indicated several Supreme Court justices received gifts that were not publicly disclosed.
“Thanks to investigative reporting, we now know that for decades, some justices have been joining billionaires with business before the Court on their private planes and yachts or receiving gifts such as private school tuition for a family member,” Durbin said. “And it is through this reporting that we learned the justices have not been disclosing these gifts as required by federal laws that expressly apply to them.”
In the statement, Durbin added that Crow, Arkley, and Leo “either refused to comply or offered to produce certain limited information that fell far short of what the Committee requires and is entitled to.”
According to Durbin, the Senate Judiciary Committee was “forced to seek compulsory process” to get additional material.
“By accepting these lavish, undisclosed gifts, the justices have enabled their wealthy benefactors and other individuals with business before the Court to gain private access to the justices while preventing public scrutiny of this conduct,” the Democratic senator said.
According to documents released over the summer, Crow paid for vacations and purchased property from Justice Clarence Thomas. Leo and Arkley coordinated and paid for a trip for Justice Samuel Alito.
He also slammed Supreme Court Chief Justice John Roberts, claiming he “could fix this problem today and adopt a binding code of conduct.”
Democrats have urged that Roberts probe his fellow justices, and he has been a frequent target of criticism.
“As long as he refuses to act, the Judiciary Committee will,” said Durbin.
Some Republicans have criticized the Supreme Court probes as attempts to delegitimize the court cast doubt on its opinions, or empower President Biden to replace justices on the bench potentially.