Senate Democrats are facing pressure from progressives and advocacy groups to investigate ethical concerns at the Supreme Court, particularly regarding Justice Samuel Alito’s involvement in cases related to the Jan. 6 Capitol assault and Donald Trump. Chief Justice John Roberts Jr. rejected calls for Justice Alito to recuse himself, and Democrats are being urged to take a more aggressive stance in response. Representatives Jamie Raskin and Alexandria Ocasio-Cortez are planning a round table to explore various controversies surrounding the court, including unreported gifts given to justices.
Senate Democrats are grappling with how to address ethics issues involving the court, noting the challenges posed by their limited options and Republican opposition. Judiciary Committee Chairman Richard Durbin emphasized the court’s independence and the need for 60 votes to enforce subpoenas targeting justices or conservative benefactors. Democrats fear escalating the conflict could jeopardize their efforts to confirm more federal judges, given the need for Republican cooperation in surpassing Trump administration numbers.
Despite procedural hurdles, progressive activists are urging Democrats to consider unconventional approaches to address what they see as a significant judicial corruption crisis. Alex Aronson of Court Accountability advocates for subpoenaing justices, initiating criminal referrals for non-compliance, or forcing floor votes to hold justices accountable. While Senate leaders are discussing potential next steps, passing a Supreme Court ethics and recusal bill proposed by Senator Sheldon Whitehouse is one option being considered.
Senator Mitch McConnell accused Democrats of unethical conduct for pressuring Chief Justice Roberts to act against Justice Alito, accusing them of trying to influence pending court cases. Democrats are aware of their united Republican opposition and the practical challenges of taking bold action against the court. Senator Peter Welch acknowledges that more needs to be done but recognizes the limitations imposed by GOP resistance.
Whitehouse believes Democrats are making progress by garnering support for court reform legislation, increasing public scrutiny of the court, and launching an inquiry into gifts given to justices. He sees the potential for upcoming rulings on key cases to further galvanize support for Democratic efforts to address ethics concerns at the court. As the debate continues, the question of how to effectively address ethical issues at the Supreme Court without facing overwhelming Republican opposition remains a significant challenge for Senate Democrats.
