The Senate Judiciary Committee is preparing to hold its own investigation, but passing any new laws will be an uphill battle.
, “there was never material ambiguity about Crow’s gifts to Thomas or the justice’s responsibility to report them.”But with Republicans in control of the House and Democrats in control of the Senate, passing new legislation will be an uphill battle.
So what can Congress realistically do about Thomas’ conduct? We asked judicial ethics experts what could happen next:Though lawmakers have urged the chief justice to open up his own investigation into Thomas, Roberts hasn’t indicated what he plans to do. But senators don’t have to wait—they can hold their own investigation through the Senate Judiciary Committee, calling on Thomas to testify, along with his clerks and even Crow.Sen.
. The new rules include any non-commercial transportation, like trips on a yacht or private jet, and gifts extended at a commercial property—like a resort, restaurant or a property that’s regularly rented out for a business purpose.Gillers argued there’s still room for Congress to further tighten those rules. “Now disclosure reports are not due until May of the year following the receipt of the gift or the hospitality. That’s a long lead time, they could require that filing be updated monthly.
Any amendments could also extend to requiring pre-trip approvals or barring justices from accepting gifts—something members of Congress have long been banned from doing.Tightening financial disclosure rules is a great start, but Gillers argued that Congress should take things a step further.
“Legislation that expanded the court could bring new justices and fresh ideas that would be beneficial,” said Steven Lubet, law professor at Northwestern University’s Pritzker School of Law. “If Congress added four more justices, it’s possible that the new members would be more open to promulgating an ethics code.”Critics argue that expanding the court risks undermining its integrity and could lead to a dangerous precedent anytime lawmakers disagree with the court’s ideological balance.
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