Roberts and Thomas absent from public information on justices’ travel

WASHINGTON (CN) — A new report reveals that Chief Justice John Roberts and Justice Clarence Thomas did not use the U.S. Marshals Service for their security detail for several years, limiting the public’s insight into the justices’ off-the-bench activities. 

The information — or lack thereof — was uncovered by Fix the Court, an advocacy group focused on the judiciary, which obtained over 4,000 pages of the Marshals Service reports through a public records request. The documents offer new insight into the justices’ travel, a topic under scrutiny after reports of some justices’ lavish all-expense-paid vacations. 

“The two justices whose comings and goings are probably of the most interest to the general public appear to be shielding some of that travel by solely availing themselves of security resources not subject to open records requests,” Gabe Roth, executive director at Fix the Court, said in a statement. “Maybe there’s an innocuous explanation for this. But given the opacity we’ve seen from the court, especially when it comes to travel, maybe there’s not.”

Thomas was at the center of the court’s controversy over disclosure requirements for travel. The George H.W. Bush appointee is accused of violating federal disclosure laws by failing to report gifts and private jet flights he received from billionaires. However, additional details on Thomas’ travel appear nowhere in the reports. 

Roberts, a George W. Bush appointee, was also absent from these reports. The Marshals Service told Fix the Court there were no requests for marshal protection for either justice. 

Security protocols at the Supreme Court are not typically discussed with the public for the justices' safety, but federal law does designate that the Supreme Court Police offer protection services for the justices in Washington and the Marshals Service takes over that responsibility when a justice leaves the area. 

However, from 2018 to 2022, the Marshals Service has no record of providing security services for Roberts or Thomas. It is unlikely that the justices are going without protection. Instead, there is a possibility that they are using the Supreme Court Police or private security. 

It’s not clear why Roberts and Thomas would choose not to use Marshals Service protection, but by opting not to do so, the justices have limited the public's access to information that would otherwise be available under the service.

Fix the Court obtained the Marshals Service documents through a public records request. The Supreme Court Police is exempt from such requests. 

The effort to retrospectively review the justices' travel aims to provide public accountability for the justices’ off-the-bench activities. Previous reporting revealed trips the justices took with wealthy and powerful people who could benefit from issues before the court.

The Supreme Court does not provide information on events the justices attend. While some of these activities might be personal in nature, that is not always the case. The Marshals Service documents revealed 33 previously unreported public events the justices attended. 

Many of the trips detailed in the report do not present any out-of-the-ordinary travel. The justices used the Marshals Service to cover speaking engagements at judicial conferences or visits to family members. 

The same cannot be said of all the reported travel within the report. In 2018, Justice Anthony Kennedy, a Ronald Reagan appointee, used Marshals Service deputies on his trip to Bohemian Grove, an all-male, invitation-only California retreat. The marshals only escorted Kennedy to the retreat. 

Justice Sonia Sotomayor, a Barack Obama appointee, utilized the Marshals Service the most. Sotomayor’s book tour took her to a dozen different states. She took lengthier trips to New York, Florida and Puerto Rico. Just one of these trips to New York in 2020 totaled over $76,000. 

While the documents shed light on the justices’ activities off the bench, much is still shielded from public view. Sotomayor attended a birthday celebration at the Lincoln Center in 2020, but it’s not clear who the event honored. She also met with a member of Congress, but there’s no information on who she met with or why. 

The Supreme Court’s public information office did not respond to questions about Roberts' and Thomas’ use of alternative security services. 

Follow @KelseyReichmann

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