Democrats' plan to issue subpoenas in Supreme Court ethics probe hits roadblock

WASHINGTON — The Democratic-led Senate Judiciary Committee on Thursday delayed a vote on issuing subpoenas to two influential conservatives as part of its investigation into alleged ethics lapses on the Supreme Court.

The committee was expected to vote on subpoenas for billionaire Republican donor Harlan Crow and conservative legal activist Leonard Leo, but the meeting was abruptly adjourned.

It is unclear when the votes will take place.

Sen. Dick Durbin, D-Ill., the chairman of the committee, said afterward that the vote was delayed because Republicans had filed 88 amendments at the last minute that Democrats had not yet had time to properly review.

"We just didn't have time," he added.

Durbin said Democrats are "still united" on issuing the subpoenas.

The push for tighter ethics rules on the court has become a partisan fight, with Republicans adamant that Democrats are trying to delegitimize the court, which has a 6-3 conservative majority.

Republicans welcomed Thursday's developments, saying they hoped it meant that the subpoenas will not be issued at all.

"I'm hopeful that maybe we will not get engaged in the subpoena wars," said Sen. Lindsey Graham, R-S.C. He and other Republicans had been poised to propose subpoenas on a range of other issues in protest of the Democrats' plan.

"Once you open this door, it's hard to close," said Sen. Josh Hawley, R-Mo.

Democrats, who are considering legislation imposing a binding ethics code on the justices, say the subpoenas are needed because Crow and Leo failed to respond sufficiently to the committee's inquiries.

A plan to also issue a subpoena for GOP donor Robin Arkley II was dropped, with Durbin announcing Wednesday that Arkley had provided the information that had been requested.

Durbin said Leo "has refused to cooperate in any way" and that Crow, although he has said he was willing to work with the committee, "made only a limited and insufficient offer."

The testimony is being sought in light of media reports about conservative justices accepting free hospitality and travel without properly disclosing it.

Although Supreme Court justices submit annual financial disclosure reports, they are not bound by the same ethics code that applies to lower court judges.

In April, ProPublica reported that Justice Clarence Thomas accepted trips funded by Crow without disclosing them. In June, it reported that Justice Samuel Alito took an undisclosed fishing trip to Alaska in 2008 with Arkley that was coordinated by Leo.

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Thomas said in response that under the disclosure rules in place at the time he did not think he had to disclose the trips. Alito defended his actions in an opinion piece published in The Wall Street Journal.

The disclosure rules were updated this year to tighten the definition of personal hospitality. Thomas in his latest report disclosed trips in 2022 paid for by Crow.

Several justices have signaled support for the court adopting its own ethics rules and Chief Justice John Roberts has indicated the justices are working on it. Alito has questioned whether Congress has the authority to legislate on the issue.

Although the committee only needs a simple majority to issue the subpoenas, enforcing them is another matter. If Crow and Leo do not comply, the full Senate would have to vote on it.

Republicans would likely be able to defeat such an effort, as it would require 60 votes. Democrats narrowly control the chamber, 51-49.