Judicial body decides not to refer Clarence Thomas to Justice Department despite ethics concerns

 The head of the Judicial Conference stated that there is legal uncertainty regarding its authority to refer complaints about Supreme Court justices.

Clarence Thomas during the Supreme Court portrait session in Washington in 2022. 

Jan. 3, 2025, 8:21 AM GMT+6 / Updated Jan. 3, 2025, 8:53 AM GMT+6

A judicial body responsible for setting national policy for federal courts has rejected a request from two Democratic lawmakers to refer Supreme Court Justice Clarence Thomas to the Justice Department for an investigation into free travel and gifts from wealthy benefactors that were largely missing from his financial disclosure forms.

The group, known as the Judicial Conference, sent identical letters Thursday to Senator Sheldon Whitehouse (D-R.I.), chair of the Judiciary subcommittee on federal courts, and Representative Hank Johnson (D-Ga.), ranking member of the Judiciary subcommittee on courts. The lawmakers had asked the group in 2023 to refer Justice Thomas to the attorney general for an investigation following a ProPublica report detailing Thomas’ acceptance of free travel and gifts from billionaire Harlan Crow and others.

Robert J. Conrad Jr., Secretary of the Judicial Conference, said Thomas had amended his financial disclosures to address several concerns raised in the lawmakers' letter. He also noted legal uncertainty about whether the Judicial Conference has the authority to refer complaints involving Supreme Court justices.

"Because the Judicial Conference does not oversee the Supreme Court, and because granting such authority could raise serious constitutional issues, it would be reasonable to expect Congress to provide a clear directive on this matter. However, no such directive appears in the relevant provision," Conrad stated.

Conrad also dismissed a similar request Thursday from Russ Vought, president of the conservative group Citizens for Renewing America, who had filed an ethics complaint against Justice Ketanji Brown Jackson, accusing her of failing to disclose income from her husband’s medical malpractice consulting.

Conrad emphasized that both justices had amended their financial disclosures and agreed to follow guidelines issued to other federal judges. Whitehouse criticized the Judicial Conference’s response, arguing that it "ultimately doesn’t address the only real question it should have focused on: Is there reasonable cause to believe that Justice Thomas willfully violated disclosure laws?"

Whitehouse further stated, "The judicial branch is shirking its statutory duty to hold a Supreme Court justice accountable for ethics violations."

Spokespeople for Johnson and Citizens for Renewing America did not respond to requests for comment. Elliot S. Berke, an attorney for Justice Thomas, has stated that his client "has fully complied with the new disclosure requirement" after 2023 guidance clarified that the reporting exemption for personal hospitality gifts does not apply to gifts involving transportation or stays at commercial properties.

In July, Whitehouse and Senate Finance Committee Chairman Ron Wyden (D-Ore.) called for a criminal investigation by the Justice Department into whether Thomas violated federal ethics and tax laws, but no investigations have been announced.

The Supreme Court formally adopted a new ethics code in 2023, but questions over its enforcement persist more than a year later.