[Salon] Senator Sheldon Whitehouse: The Supreme Court scandal is going to get worse



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Senator Sheldon Whitehouse: The Supreme Court scandal is going to get worse

The shocking revelations surrounding Justice Clarence Thomas come as no surprise to the Rhode Island senator

By Yvonne Abraham Globe Columnist,  Updated August 12, 2023

“I don’t think we’ve yet gotten to the bottom of the billionaire-funded mischief on the Supreme Court,” said Senator Sheldon Whitehouse, a Democrat from Rhode Island.
“I don’t think we’ve yet gotten to the bottom of the billionaire-funded mischief on the Supreme Court,” said Senator Sheldon Whitehouse, a Democrat from Rhode Island.J. Scott Applewhite/AP/file

Holy moly, those Clarence Thomas revelations keep coming.

Last week’s ProPublica story was a doozy, revealing that the Supreme Court Justice has been living like a billionaire — courtesy of actual billionaires who have been treating him to lavish vacations, trips on luxury yachts and private planes, box seats at sporting events, and fancy golf outings, all of which Thomas declined to disclose.

And why would he? Besides being utterly bereft of shame, Thomas has cultivated a fake image as an Everyman, more comfortable parking his RV among the little folk in the Walmart parking lots than rubbing shoulders with hoity-toity types.

Only, thanks to The New York Times, we know Thomas’s humble mobile home is actually a luxury motor coach worth $267,230 — its purchase underwritten by a health care magnate. Before that, the Times revealed that Thomas had been using the Supreme Court as a venue to raise money for the Horatio Alger Association of Distinguished Americans, an exclusive society for the obscenely wealthy. And that came after ProPublica revealed Texas billionaire Harlan Crow had given Thomas and his wife, Ginni — herself implicated in attempts to to overturn the 2020 election — lavish vacations, extravagant gifts, and tuition payments, and that he had bought and renovated the house in which Thomas’s mother still lives.

But there’s one person who is completely unsurprised by all of this, and who reckons there will be yet more revelations.

“I don’t think we’ve yet gotten to the bottom of the billionaire-funded mischief on the Supreme Court,” said Democrat Sheldon Whitehouse, a US senator from Rhode Island.

Whitehouse has spent years exposing the efforts of conservative dark money groups to capture the Supreme Court. In the Senate and in a book called “The Scheme,” Whitehouse has laid out how billionaire-funded groups like The Federalist Society, led by operative Leonard Leo, pushed judges onto benches and involved themselves in cases to further conservative billionaires’ anti-government agenda. In some cases, Leo and his fellow-ideologues connected those judges to the billionaires socially, so they could get even cozier off the clock.

“Billionaires providing gifts and travel to the justices who serve them so well is part of that larger story,” Whitehouse said in an interview.

So far, the nation’s highest court has declined to answer to Congress, and the American people, about the ethical disaster it has become. Chief Justice John Roberts and those accused of wrongdoing act more like divine monarchs than members of a co-equal branch of government.

“There has never been a moment as grim as this one,” Whitehouse said. “There has never been a court as unwilling to address its own problems as this one.”

Whitehouse and others have proposed legislation to subject Supreme Court justices to the same rules every other judge must follow. It would require a code of conduct, a process for ethics complaints, strong recusal requirements, and strict disclosure rules for gifts like those heaped on Thomas and others (Samuel Alito has also vacationed like a billionaire, courtesy of a billionaire on whose interests the judge has ruled directly).

“People working in little offices in town halls in Rhode Island are subject to ethics rules that make these violations look horrifyingly grotesque,” Whitehouse said.

That legislation is going nowhere in this Congress, where Republicans have been captured by the same interests who now appear to own some of the justices. Whitehouse believes it’s more likely reform will come through the Judicial Conference, made up of top federal judges across the country.

“Regular federal judges are horrified by what they are seeing,” Whitehouse said.

As ugly as the latest revelations are, the scandal surrounding the Supreme Court will only get worse the senator said, forcing the conference and its head, Chief Justice John Roberts, to finally reform the body.

That would be glorious. But how much damage will Thomas and the other black-robed royals do in the meantime?



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