On The Senate Floor, Durbin Reiterates Need To Authorize Subpoenas Related To Supreme Court Ethics Reform

Floor Speech

Date: Nov. 7, 2023
Location: Washington, D.C.
Issues: Judicial Branch

"I do not make this decision lightly. Seeking authorization to issue subpoenas is a relatively rare occurrence in the Committee. So today I come to the floor for a few minutes to explain why we've taken this significant step. Over the last several months, it's become clear that the Supreme Court is in desperate need of a binding code of ethics as we learn of lavish gifts and luxury travel that certain Supreme Court justices have accepted from a gaggle of fawning billionaires.

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When referring to the cascade of gifts from Harlan Crow to Justice Thomas, the former chief White House ethics lawyer for Republican President George W. Bush said, "This is way outside the norm. This is way in excess of anything I've seen.' And renowned conservative jurist, Judge J. Michael Luttig, stated in testimony before the Senate Judiciary Committee, "The Supreme Court should want to lead by the example that only it can set. It should want to conduct itself in its non-judicial activities in all ways such that it is beyond reproach.' Unfortunately, the Supreme Court has not lived up to this expectation. That's why our Senate Judiciary Committee is exercising its constitutional authority to investigate.

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Months ago, I, along with my Democratic colleagues on the Committee, sent letters to Crow, Arkley and Leo, among others, seeking details about what exactly has been provided to Supreme Court justices. Our goal has been to understand how specific individuals and groups with business before the Court have used undisclosed gifts to gain private access to justices--access not afforded to others.

The fact that we have to go to this length is unacceptable, but necessary. The Senate and the American people deserve to know the full extent of how billionaires with interest before the Court use their immense wealth to buy private access to our Supreme Court. That's why on Thursday, the Judiciary Committee will vote to authorize subpoenas for these individuals. The vote is a critical step in the Committee's exercise of its constitutional right and duty to conduct oversight of the federal judiciary. It is critical to the Committee's effort to restore the Court's reputation. The highest court in the land should not have the lowest standard of ethics."


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