Harlan Crow Archives

Views of SCOTUS’ credibility remain polarized ahead of major June rulings

June 10, 2024
As June progresses, the U.S. Supreme Court is set to deliver decisions on several landmark cases that could have significant implications across various sectors. These cases include issues of presidential immunity potentially affecting former President Donald Trump, limitations on access to the abortion pill Mifepristone and the regulation of social media companies’ content moderation practices.

The court, which currently holds a conservative majority, finds itself under intense scrutiny as it approaches these pivotal decisions.

Public opinion on the Supreme Court is deeply divided. Democrats have raised concerns about the ethical conduct of the justices, while many Republicans view these concerns as politically motivated attempts to undermine the court ahead of crucial rulings. The ethical controversies primarily revolve around financial disclosures and the acceptance of gifts by the justices, which have drawn nationwide attention.

Conservative Justice Clarence Thomas recently amended his financial disclosures to include vacations funded by Republican billionaire Harlan Crow. These trips sparked debate over Thomas’ impartiality. Similarly, Justice Samuel Alito faced scrutiny for accepting gifts from billionaire Paul Singer. Both justices’ connections to wealthy benefactors fueled questions about the influence of outside interests on the court.

Justice Alito was further scrutinized for allegedly flying flags associated with the Jan. 6 riots and Republican movements outside his homes, leading to calls from some Democrats for his recusal from certain politically charged cases. Republicans dismissed these calls as attacks on the court’s reputation.

Ethical questions extend beyond conservative justices.

Liberal Justice Sonia Sotomayor has been accused of leveraging her position to secure favorable book deals, and Justice Ketanji Brown Jackson reported receiving free concert tickets from Beyoncé and a substantial $900,000 book advance.

Conservative Justices Brett Kavanaugh and Neil Gorsuch also reported significant earnings from book royalties. Despite these revelations, there are no current rules explicitly prohibiting such activities since the Supreme Court lacks a formal code of conduct.

The heightened scrutiny of the justices’ personal lives has led to an investigation by the Senate Judiciary Committee into whether judicial ethics reform is necessary. The committee invited Chief Justice John Roberts to testify, but he declined, and Democrats have so far refrained from issuing a subpoena.

As the Supreme Court’s term draws to a close with a series of high-stakes decisions, the integrity of the court remains a contentious issue. The outcomes of these cases are expected to generate widespread reactions and underscore the ongoing debate over the ethical standards governing the nation’s highest judicial body.
Related Stories
Democrats to subpoena billionaires involved in Alito, Thomas vacations

October 31, 2023
Democrats on the Senate Judiciary Committee plan to subpoena Harlan Crow, Leonard Leo and Robin Arkley. Members want to compel the three of them to provide more information about the travel and accommodations they provided to Supreme Court justices.

Reporting from Pro-Publica revealed Crow provided Justice Clarence Thomas with vacations valued at hundreds of thousands of dollars, bought his mother’s house and paid a family member’s tuition. Arkley let Justice Samuel Alito stay at his fishing lodge in Alaska free of charge. Leonard Leo helped organize multiple trips and events that justices attended.

“This vote is the next step in the Committee’s ongoing investigation on the ethics of the Supreme Court. It comes only after Mr. Crow refused to comply with Committee requests, and Mr. Leo and Arkley outright stonewalled the Committee in the exercise of our constitutional authority,” Sen. Dick Durbin, D-Ill., said.

Durbin and other Democratic members of the committee have been in contact with Crow, Leo and Arkley. They wrote a letter to Arkley and Leo in July and again in October, but they did not receive the information they were looking for. In May, Crow said in a letter that he did not believe the committee had the authority to investigate his personal friendship with Justice Thomas.

Senate Democrats are trying to pass the Supreme Court Ethics, Recusal, and Transparency Act. The legislation would require the high court to create a stricter code of conduct, increase reporting requirements for when a justice has a connection with someone involved in a case, and it would require public explanations for recusal decisions.

“Unlike employees of the executive and legislative branches, virtually all of them, unlike Members of Congress and all other federal justices, the nine Supreme Court justices alone decide for themselves what conduct is and is not appropriate,” Durbin said in a statement.

Republicans have called for a stronger ethics code, but also said the Senate should not tell a separate but equal branch of government how to conduct its business.

“This is about the confidence of the American people. And that’s why I think the Supreme Court should look at it, all nine of them. This is not just a job that the chief justice can get done on his own,” Sen. Thom Tillis, R-N.C., told SAN in July when The Associated Press reported that Justice Sonia Sotomayor’s government-paid staff called colleges about buying her book.

There are 11 Democrats on the committee and 10 Republicans, so a party line vote would be enough to approve the subpoenas.
Related Stories
Senate Democrats ask Harlan Crow for list of gifts to Supreme Court justices

May 9, 2023
Senate Democrats are requesting that Republican megadonor Harlan Crow provide a list of donations he has made to sitting Supreme Court justices. The request comes as Justice Clarence Thomas is facing scrutiny over accepting trips and gifts funded by Crow.

Senate Democrats on the Judiciary Committee have sent a letter to Crow asking him to itemize a list of gifts valued over $415 that he has provided to any justice or their family members. This included requests for a full list of real estate transactions, transportation, lodging and admission to private clubs that he might have provided.

The committee’s request comes as they are looking to create legislation to strengthen ethical rules and standards that would apply to justices on the Supreme Court. This ask for a list of donations from Crow is part of a broader effort to increase transparency and accountability on the Supreme Court.

“As part of the Senate Judiciary Committee’s ongoing efforts to craft legislation strengthening the ethical rules and standards that apply to the Justices of the Supreme Court, we request that you provide the Committee with certain information by May 22, 2023,” the group of lawmakers wrote. “This information will help identify specific shortcomings in the ‘Statement on Ethics Principles and Practices,’ as well as current law, that legislation needs to address.”

A ProPublica report in April alleged Thomas failed to properly disclose trips and gifts paid for by Crow, as well as the sale of Thomas’ and his relatives’ properties to Crow. Thomas said he was advised these things did not have to be reported in disclosures because they constituted of “personal hospitality from close personal friends.”

“This is way outside the norm. This is way in excess of anything I’ve seen,” said Richard Painter, former chief White House ethics lawyer for President George W. Bush, of the gifts Thomas received from Crow.

Meanwhile, Crow responded to questions about the appropriateness of his transactions with Thomas as being misconstrued into something “nefarious or political” by individuals with “partisan political interests.”
Related Stories
Senate Judiciary Dems still seek Chief Justice Roberts’ testimony

April 24, 2023
Democrats on the Senate Judiciary Committee are still trying to get Supreme Court Chief Justice John Roberts, Justice Clarence Thomas or any justice to testify before them on May 2 about judicial ethics.

Over the weekend of April 23, they received a two paragraph letter in response to their request.

It said the matter has been referred to the Judicial Conference Committee on Financial Disclosure, which is responsible for implementing the disclosure provisions of the Ethics in Government Act and addressing allegations of errors or omissions in the filing of financial disclosure reports. It closed by stating if they have any more questions – don’t hesitate to call.

After receiving the letter, Judiciary Chairman Dick Durbin, D-Ill., said in a statement, “It is becoming clear that such an appearance by the Chief Justice may be the only way for the Court to set out with clarity any meaningful and credible reform.”

Durbin said if Chief Justice Roberts doesn’t address ethics reform at the court, the committee will through legislation.

“To restore the integrity and reputation of the court, they have to do something. An investigation followed by a change in the approach on ethics,” Durbin told reporters.

The push for ethics reform came in the wake of reports that Justice Thomas accepted six-figure vacations from GOP billionaire megadonor Harlan Crow. The real estate magnate also purchased a family home from the Thomas family.

But Republicans aren’t so sure congressionally imposed reforms are the right move.

“But the question is, is it consistent with the Article III branch’s ethics and disclosure rules? And then whether or not there should be a reconsideration of that. And in my mind should be something that, that separate and equal branch should take on, not the U.S. Senate. Sounds like there may be a little bit of politics in there,” Sen. Thom Tillis, R-N.C., said.

It’s unclear who will take the hot seat at the May 2 hearing. But as of now, it’s not looking like it will be a Supreme Court justice.
Related Stories
Democrats want Chief Justice Roberts to investigate Justice Thomas

April 19, 2023
Democrats on the Senate Judiciary Committee are demanding an investigation into Supreme Court Justice Clarence Thomas. It comes after ProPublica revealed billionaire Republican donor Harlan Crow took Thomas on vacations worth six figures and bought a property from him.

Judiciary Democrats sent a letter to Chief Justice John Roberts which stated, “We urge you to immediately open such an investigation and take all needed action to prevent further misconduct.”

The lawmakers said if Roberts doesn’t address it, they will with legislation. They also want ethics reform for justices who have lighter rules than other government employees.

“To restore the integrity and reputation of the court, they have to do something. An investigation followed by a change in the approach on ethics,” Judiciary Chairman Dick Durbin, D-Ill., said.

“I want the Supreme Court to persevere as an institution. I want it to be respected by people both on the left and the right. But when you see this kind of integration between the court and the political right, it’s just cratering people’s faith in the institution,” Sen. Chris Murphy, D-Conn., said.

Republicans expressed doubt that Thomas broke the law and wondered if there was something else behind the release of this information.

“I think what’s happening now is the Democrats are trying to target Clarence Thomas. It is again part of a multi-decade effort to do so. And I’m opposed to anything that is really just an effort to go after him to try and discredit him. I really think that’s really inappropriate,” Sen. Josh Hawley, R-Mo., said.

Sen. Thom Tillis, R-N.C., also wondered whether the legislative branch of government should be trying to tell the judicial branch how to handle ethics.

“But the question is, is it consistent with the Article III branch’s ethics and disclosure rules? And then whether or not there should be a reconsideration of that. And in my mind should be something that, that separate and equal branch should take on, not the U.S. Senate. Sounds like there may be a little bit of politics in there,” Tillis said.

Chief Justice Roberts has not said if he will investigate. Justice Thomas amended his financial disclosures to reflect the property sale and said he complies with all rules regarding hospitality like the vacations.
Related Stories
- Controversy over Justice Thomas’ trips prompts calls for action, more disclosure
- Clarence Thomas didn’t disclose real estate sale to GOP megadonor
Clarence Thomas didn’t disclose real estate sale to GOP megadonor

April 14, 2023

ProPublica is out with another report about Supreme Court Justice Clarence Thomas benefiting financially from his friendship with billionaire real estate mogul and Republican donor Harlan Crow. The report stated the justice did not report his sale of property to Crow.

The report cited deed and state tax documents which showed Thomas, his mother and the family of Thomas’ late brother sold family property in Savannah, Georgia, to Crow for $133,363 in 2014. According to ProPublica, Thomas’ mother still lived in the property at the time and Crow did tens of thousands of dollars worth of renovations.

Thomas did not list this sale on his annual financial disclosure. Ethics experts said the omission may violate federal law that requires Supreme Court justices to disclose most real estate sales of over $1,000.

Crow said in a statement that he approached the Thomas family about the sale.

“My intention is to one day create a public museum at the Thomas home dedicated to telling the story of our nation’s second Black Supreme Court Justice,” Crow said.

Justice Thomas did not comment on the report.

On April 6, ProPublica published another story that revealed Thomas has accepted vacations paid for by Crow, including travel on his private jet and yacht. Thomas didn’t disclose that either, aut a rule for reporting that type of personal hospitality didn’t take effect until March of 2023 and Thomas said he will comply.

“Early in my tenure at the Court, I sought guidance from my colleagues and others in the judiciary, and was advised that this sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable,” Thomas said in a statement.

The revelation about the vacations led to calls to investigate and even impeach Thomas. Senate Judiciary Chairman Dick Durbin, D-Ill., said his committee will take action.
Controversy over Justice Thomas’ trips prompts calls for action, more disclosure

April 10, 2023

Supreme Court Justice Clarence Thomas admitted to taking vacations with real estate magnate Harlan Crow. The justice and the billionaire political donor have been friends for more than 25 years, during that time, Thomas has traveled on Crow’s private jet, yacht and stayed at his private resort in the Adirondacks.

The information about Justice Thomas’ vacations was first released in a report by ProPublica, which criticized Thomas for not listing the trips in his financial disclosures. The vacations would have cost hundreds of thousands of dollars had Thomas paid for it himself.

Thomas said the trips were personal hospitality from a close friend and that he always follows disclosure guidelines.

“Early in my tenure at the Court, I sought guidance from my colleagues and others in the judiciary, and was advised that this sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable,” Thomas said in a statement in response to the ProPublica report.

Thomas added that he will comply with new disclosure rules set by the committee of the Judicial Conference that took effect March 14. Now, if any justice accepts a gift, they will have to report it in their annual financial disclosure.

The Judicial Conference now requires federal judges to report transportation that substitutes commercial transportation, any gifts at a commercial property like a resort or restaurant, or any property or facility that is owned by an entity even if that entity is owned by the person making the gift.

Like Thomas, Crow said the trips were personal hospitality for a longtime friend.

“We have never asked about a pending or lower court case, and Justice Thomas has never discussed one, and we have never sought to influence Justice Thomas on any legal or political issue,” Crow said.

Although the rules just got stricter, some lawmakers on Capitol Hill want to increase reporting requirements even more.

“Today’s report demonstrates, yet again, that Supreme Court justices must be held to an enforceable code of conduct, just like every other federal judge,” Senate Judiciary Committee Chairman Dick Durbin, D-Ill., said in a statement.

Durbin said the Judiciary Committee will act.

Views of SCOTUS’ credibility remain polarized ahead of major June rulings

Democrats to subpoena billionaires involved in Alito, Thomas vacations

Senate Democrats ask Harlan Crow for list of gifts to Supreme Court justices

Senate Judiciary Dems still seek Chief Justice Roberts’ testimony

Democrats want Chief Justice Roberts to investigate Justice Thomas

Clarence Thomas didn’t disclose real estate sale to GOP megadonor

Controversy over Justice Thomas’ trips prompts calls for action, more disclosure

Certified unbiased reporting

Transparent and credible

Newsletter

Stay connected