Rhode Island Sen. Sheldon Whitehouse has taken steps to file an ethics complaint against Supreme Court Justice Samuel Alito.
Whitehouse, who also chairs the Senate Judiciary Courts Subcommittee, dispatched a letter to Supreme Court Chief Justice John Roberts. This letter formally requested the initiation of an ethics complaint focusing on Alito’s public disapproval of Whitehouse’s Supreme Court ethics reform legislation.
“Justice Alito was involved in an organized campaign to block congressional action with regard to a matter in which he has a personal stake. Whether Justice Alito was unwittingly used to provide fodder for such interference, or intentionally participated, is a question whose answer requires additional facts,” Whitehouse said.
He further elaborated on the importance of the Supreme Court’s self-regulation.
“As you have repeatedly emphasized, the Supreme Court should not be helpless when it comes to policing its own members’ ethical obligations. But it is necessarily helpless if there is no process of fair fact-finding, nor independent decision-making. 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,” Whitehouse added.
Alito has staunchly defended his position, asserting that the Constitution does not grant Congress the authority to regulate the Supreme Court. He also publicly defended his actions, notably in an op-ed where he acknowledged a 2008 fishing trip with Republican billionaire Paul Singer. Alito clarified that this trip did not necessitate financial disclosure.
Whitehouse’s letter highlighted concerns regarding Alito’s comments, which he believes “implicated ongoing Senate investigations into Justice Alito’s undisclosed gifts.” A press release from Whitehouse’s office further detailed the situation, stating that Alito had accepted, yet failed to disclose, gifts of luxury travel and exclusive lodging from right-wing billionaires. This was particularly concerning given that one of these billionaires had business pending before the Court. The release also mentioned Alito’s public comments on the constitutionality of Whitehouse’s Supreme Court Ethics, Recusal, and Transparency legislation. This legislation, aimed at reforming the Court’s ethics, had already passed the Senate Judiciary Committee in July.
Whitehouse’s office delineated five ways Alito allegedly breached the canons of judicial ethics and the Supreme Court’s Statement of Ethics Principles and Practice. These violations encompassed improper commentary on a legal issue that might appear before the Court, undue intrusion into a specific matter, interference in a matter at the counsel’s urging, involvement in a matter with an undisclosed personal connection and misuse of judicial office for personal gain.
A report from ProPublica in June disclosed that Alito had accepted gifts, including private jet travel, from billionaires Singer and Robin Arkley II. Whitehouse’s office emphasized that Alito failed to report these gifts on his annual financial disclosure, a requirement under federal law.
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