Senator Demands Chief Justice Investigate Justice Alito’s Ethics

WASHINGTON — A leading U.S. senator on the Judiciary Committee filed a complaint Monday with the chief justice of the U.S. Supreme Court that accuses Justice Samuel Alito of ethics violations.

Although the complaint focuses partly on trips and gifts Alito received from donors, the underlying issue is a proposal from Sen. Sheldon Whitehouse, D-R.I., for an ethics code that could be enforced against Supreme Court justices.

However, according to a comment from Alito referenced in a Wall Street Journal article, Congress lacks authority to regulate the Supreme Court. 

Whitehouse is a member of two Senate committees that are investigating whether Alito and Justice Clarence Thomas used their Supreme Court positions for personal benefit.

Referring to the Wall Street Journal interview, Whitehouse wrote, “At the end, Justice Alito is the beneficiary of his own improper opining. This implicates Canon 2(B) strictures against improperly using one’s office to further a personal interest: a justice obstructing a congressional investigation that implicates his own conduct.”

Complaints about personal behavior of the justices led Whitehouse to sponsor a bill that would impose a code of ethics on the Supreme Court. It has won approval from the Senate Judiciary Committee but still awaits action in the House of Representatives.

The code would be essentially the same as the Code of Conduct for other federal judges, which includes Canon 2(B). It includes requirements of impartiality in court judgments while avoiding conflicts of interest, political activity and using a position as a judge for personal gain.

Supreme Court justices have argued that a code of ethics imposed by Congress would violate the separation of powers imposed by the Constitution. They also say it could limit their authority to rule on important but controversial political issues.

The justices say they already have ethical guidelines that require avoiding and reporting any potential conflicts of interest. They are enforced internally.

Whitehouse seemed unconvinced in his letter Monday to Chief Justice John Roberts when he wrote, “I request that you as chief justice, or through the Judicial Conference, take whatever steps are necessary to investigate this affair and provide the public with prompt and trustworthy answers.”

Conflicts of interest Whitehouse and other members of Congress allege against Alito focus partly on a fishing trip to Alaska he took on a private plane owned by conservative billionaire Paul Singer. He did not declare the trip in public disclosure documents or recuse himself when Singer had a case before the court.

A lawsuit between Singer’s hedge fund and the government of Argentina reached the Supreme Court, where Alito joined the 7-to-1 decision against Argentina.

You can reach us at [email protected] and follow us on Facebook and Twitter