WASHINGTON (CN) — Democrats on the Senate Judiciary Committee were reticent to say Wednesday whether they would follow through on plans to vote on subpoenas for two individuals who they say had improper relationships with Supreme Court justices.
Senate Democrats have for weeks insisted that the upper chamber’s legal affairs panel issue legal summonses to billionaire real estate developer Harlan Crow and conservative legal activist Leonard Leo, influential figures who have reportedly lavished some of the high court’s jurists over the years with luxury vacations and other high-value gifts.
Lawmakers have pointed to this as examples of what they say is ethically dubious behavior on the Supreme Court and resolved to force the court to adopt a formal code of ethical standards. Democrats moved to subpoena Crow and Leo last month, after both men rejected demands to turn over financial information related to their relationships with the justices.
The subpoena gambit — which Republicans have harshly rebuked — hit its first snag this past week when committee chair Dick Durbin held off on a committee vote, citing “scheduling conflicts.” The proceedings were later rescheduled for Thursday.
On Wednesday, however, it was unclear whether the panel would vote on the subpoenas as planned.
Part of that uncertainty was thanks to a brand-new code of ethics the Supreme Court unveiled Monday. The high court, which until this week had no formal ethical standards, adopted a modified version of an ethics framework used by federal judges in lower courts.
Critics of the new standards, however, have pointed out that it lacks solid enforcement mechanisms and that it appears to excuse the justices’ ethical conduct up to now.
Despite that, Durbin told Courthouse News that the Judiciary Committee is still deciding whether to vote on subpoena authorization for Crow and Leo in light of the Supreme Court’s announcement. The Illinois Democrat said on the sidelines of a hearing Wednesday morning that he was still “looking closely” at the Supreme Court’s new ethics code.
Following up in an emailed statement, Durbin said that the code “is progress” regardless of its potential flaws.
“We have to decide whether or not the code of conduct they sent us is appropriate in disclosure and enforcement,” he wrote. “Those are two major areas.”
Some of the Judiciary Committee’s top Democrats also appeared unsure about the fate of the scheduled subpoena votes.
Rhode Island Senator Sheldon Whitehouse, who authored a bill over the summer aimed at forcing the Supreme Court to adopt an ethics code, told Courthouse News outside the Senate chamber that he was planning to speak to Durbin about the vote. Asked about whether he thought the committee chair would postpone, he replied: "I couldn’t tell you.”
Connecticut Senator Richard Blumenthal said he hoped the committee would vote on the proposed subpoenas. “I don’t know whether we will,” he added.
Blumenthal said that the panel should also “move forward on a bill that includes effective enforcement” of Supreme Court ethics standards, which would include investigations into potential violations.
Republicans, meanwhile, have raged against Democrats’ effort to subpoena Crow and Leo, arguing that the Judiciary Committee is overstepping its authority by attempting to legally compel private citizens. Lawmakers have also contended that any move to regulate the Supreme Court raises questions about the constitutional separation of powers.
During last week’s committee meeting, South Carolina Senator Lindsey Graham warned Democrats that they had “opened up Pandora’s Box” by moving forward with a subpoena vote.
“You’re gonna have a complete shitshow,” said Graham, the panel’s ranking member. “That’s what you want, and that’s what you’re gonna get.”
Indeed, the Judiciary Committee adjourned last week without voting on the proposed subpoenas, thanks in no small part to the more than 80 amendments offered by Republican lawmakers.
Durbin has for weeks framed the subpoenas — a drastic legal maneuver — as a last resort.
“Defending Congress's legislative oversight authority should transcend partisanship to protect Congress's authority and advance the committee's efforts to implement an enforceable code of conduct for the Supreme Court,” he said last week.
If the Judiciary Committee decides against voting on the proposed subpoenas Thursday, the panel may not take them up again until after the Senate's Thanksgiving recess.
Lawmakers have been scrutinizing ethics issues at the Supreme Court since the spring, when news broke that Justice Clarence Thomas had gone on high-class vacations with Harlan Crow and received several gifts from the conservative megadonor. Later reports also implicated Justice Samuel Alito and Justice Sonia Sotomayor in ethically questionable conduct.
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