May 6, 2024
The feud between the U.S. Supreme Court and the legislative branch of government continues to evolve with Democratic Sen. Sheldon Whitehouse filing an ethics complaint.

A senior Democratic senator is attempting to lodge an ethics complaint against Supreme Court Justice Samuel Alito for allegedly violating several canons of judicial ethics.

Sen. Sheldon Whitehouse, D-RI, who also serves as chairman of the Senate Judiciary Courts Subcommittee, sent a letter to Supreme Court Chief Justice John Roberts to formally request the ethics complaint calling into question Alito’s public criticism of Whitehouse’s Supreme Court ethics reform legislation.

“In the worst case facts may reveal, 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 wrote to Roberts.

The Democrat added, “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.”

JUSTICE ALITO SAYS ‘NO PROVISION’ IN CONSTITUTION ALLOWS CONGRESS TO REGULATE SUPREME COURT

Sen. Whitehouse

Sen. Sheldon Whitehouse, chair of the Senate Judiciary Courts Subcommittee, sent a letter to Supreme Court Chief Justice John Roberts to formally request the ethics complaint calling into question Justice Samuel Alito’s public criticism of Whitehouse’s Supreme Court ethics reform legislation. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

Alito has said “no provision” in the Constitution allows Congress to regulate the Supreme Court. He has also publicly defended himself, including in an op-ed where he admitted to not reporting the trip on financial disclosure filings. He said, however, the trip did not warrant such reporting. 

The letter was sent as the Supreme Court lacks an official process to file a complaint.  

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In the letter, Whitehouse also argued Justice Alito’s comments “implicated ongoing Senate investigations into Justice Alito’s undisclosed gifts.”

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“Whitehouse’s formal complaint follows revelations that Justice Alito accepted but did not disclose gifts of luxury travel and exclusive lodging from right-wing billionaires, one with business before the Court,” a press release from Whitehouse’s office read. “Justice Alito then made public comments opining on the constitutionality of Whitehouse’s Supreme Court Ethics, Recusal, and Transparency legislation to reform the Court’s lax ethics regime, which passed the Senate Judiciary Committee in July.”

S.359, the “Supreme Court Ethics, Recusal, and Transparency Act,” is currently being considered in the U.S. Senate.

Supreme Court building

U.S. Supreme Court Justice Samuel Alito has said “no provision” in the Constitution allows Congress to regulate the Supreme Court. (Anna Moneymaker/Getty Images)

Supreme Court justices

The letter was sent Chief Justice Roberts as the U.S. Supreme Court lacks an official process to file a complaint. (Jabin Botsford/The Washington Post via Getty Images)

Whitehouse’s office said the complaint outlined five ways in which Alito allegedly violated the canons of judicial ethics and the Supreme Court’s Statement of Ethics Principles and Practice, which include: improper opining on a legal issue that may come before the Court; improper Intrusion into a specific matter; improper intrusion into a specific matter at the behest of counsel in that matter; improper intrusion into a specific matter involving an undisclosed personal relationship; and, improper use of judicial office for personal benefit.

A ProPublica report published in June found Alito accepted private jet travel among other gifts from billionaires Paul Singer and Robin Arkley II.

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“Alito did not disclose these gifts on his annual financial disclosure report, as required by federal law,” the senator’s office said.

Fox News Digital reached out to Whitehouse’s office for additional comment, but a response was not immediately received.

Grassley, Whitehouse

Both the Senate Finance and Judiciary Committees are investigating actions of Justice Samuel Alito and the Supreme Court justices for any improper conduct. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Both the Senate Finance and Judiciary Committees are investigating actions of Alito and the Supreme Court justices for any improper conduct.