Senator Sheldon Whitehouse, a prominent member of the Senate Judiciary Committee, is urging Justice Samuel Alito to disclose details regarding his interview with The Wall Street Journal on Supreme Court ethics. This request comes after Alito’s decision not to recuse himself from cases related to the 2020 election and the events of January 6th, 2021.
According to Whitehouse, Alito’s interview was not appropriate as he stated that the Constitution does not provide Congress with the power to regulate the court. The interview was published in July, which was more than a month after ProPublica had reported that the associate justice had gone on a fishing trip with a prominent GOP donor from Alaska.
In a letter, Whitehouse highlighted that the interview uncovered multiple issues. He expressed concern that Gorsuch provided an inappropriate opinion regarding a question that could potentially appear before the Court. The interview was conducted within the context of an ongoing legal dispute that involved that specific question. Furthermore, the interviewer was a lawyer that represented a client in the same dispute. Whitehouse argued that Gorsuch’s response benefited the interviewer’s client, who happened to be a personal friend of Gorsuch, as well as himself, as he had received undisclosed gifts that were the subject of their investigation.
Whitehouse expressed his concern that the Supreme Court lacks the necessary means or procedures to investigate and resolve issues of this nature. He further stated that his inquiries regarding the matter have seemingly been ignored, disappearing into a void of inattention.
As Democrats push for judicial ethics reform, they continue to face opposition from both justices and Republicans. The conflict has intensified in light of reports that an upside-down flag was flown over Justice Alito’s home in Alexandria, Virginia during the days leading up to both the January 6th insurrection and President Biden’s inauguration. In their latest letter to the court, Democrats remain determined to overcome these obstacles.
In a recent letter addressed to Senate Judiciary Committee Chair Dick Durbin (D-Ill.) and Whitehouse, Justice Alito made it clear that he will not be recusing himself from two significant cases that the Court is expected to rule on. These cases involve matters pertaining to the 2020 election and the events that occurred on January 6, 2021. One of the cases will decide whether or not former President Trump has immunity from prosecution.
During a recent exchange between the justices and the Court, Roberts declined to meet with them to discuss the issue, citing concerns that it would not be wise to do so.
The issue of ethics concerns surrounding the court has made it difficult for Democrats to consider subpoenaing the chief justice. There is a lack of clarity on whether they have enough votes to push through the subpoena and the move could potentially create tensions on the panel.