Top Democrat Urges Supreme Court Chief Justice to Testify on Ethical Issues

The U.S. Supreme Court’s chief justice should testify under oath to Congress on ethical issues, a top Democrat said on April 20.

Senate Judiciary Chairman Richard Durbin (D-Ill.) said that Chief Justice John Roberts should testify at a May 2 public hearing “regarding the ethical rules that govern the Justices of the Supreme Court and potential reforms to those rules” in a letter to the justice that was later published on Twitter.

If Roberts accepts the invitation, the justice “would not be expected to answer questions from senators regarding any other matters,” Durbin said.

No sitting justices have testified before the panel since 2011. Since then, the nation’s top court has failed to address justices “falling short of the ethical standards expected of other federal judges,” Durbin said.

Testifying in public could help “strengthen faith in our public institutions,” he added.

The Supreme Court did not immediately respond to a request for comment, including whether Roberts would obey a subpoena if one were issued.

“Let him deal with a situation in his own backyard,” Sen. Lindsey Graham (R-S.C.), the panel’s ranking member, told The Epoch Times in an emailed statement. “I’m not saying it’s inappropriate; I’m just saying I would be surprised if he agreed to come. And I would support his decision not to come.”

Senior congressional reporter Andrew Desiderio reported that Durbin said he could not issue a subpoena if the invitation is turned down because of the absence of Sen. Dianne Feinstein (D-Calif.).

Feinstein, 89, has not been in Washington since February, leaving an equal number of Republicans and Democrats on the committee.

The aging senator asked to be temporarily replaced as she recovers from shingles. Still, Graham blocked the effort because he didn’t want to help Senate Democrats approve more judges to the federal bench.

Democrats hold a slim 51-49 majority in the Senate, giving them control of the upper chamber and each committee. But without Republican support on the now deadlocked panel, Democrats cannot carry out some business, including issuing subpoenas and discharging judicial appointees.

‘Needs to Change’

Durbin, the Senate majority whip, has been among the Democrats increasingly calling on the Supreme Court to enforce a code of conduct for justices.

He issued a fresh call after the publication of a report about Justice Clarence Thomas accepting free vacations from a GOP megadonor. Thomas has denied wrongdoing.

“The highest court in America should not have the lowest standards when it comes to ethics. But for too long, that has been the case with the United States Supreme Court. It definitely needs to change,” Durbin said on the Senate floor in Washington.

He said the Supreme Court should take action; if it does not, Congres