“The time has come for a new public conversation on ways to restore confidence in the Court’s
ethical standards. I invite you to join it,” Durbin added.
A Supreme Court spokesperson did not immediately respond to an inquiry about whether Roberts plans to accept Durbin’s invitation.
Asked by reporters Thursday if he planned a subpoena for the chief justice if he does not agree to appear voluntarily, Durbin appeared to allude to Democrats’ ongoing difficulties related to the absence of Sen. Dianne Feinstein (D-Calif.), a longtime Judiciary committee member who has been absent from the Senate for months for medical reasons.
“It takes a majority. I don’t have a majority,” Durbin said bluntly, adding that he was hopeful Roberts would agree. “There’s been no discussion of subpoenas for anyone at this point.”
Durbin’s letter also offered an alternative, if Roberts doesn’t want to attend himself: He could send another justice in his place.
The Supreme Court is not bound by the code of ethics that applies to other federal judges and has no formal process to review ethics complaints. Roberts has said that the justices consult the ethics code for judges and also rely on various other authorities in deciding how to address ethics issues.
Democratic lawmakers have proposed imposing an ethics code and process on the Supreme Court by legislation, if the court does not craft such reforms itself.
The last appearance before a congressional committee by members of the Supreme Court came in 2019, when Justices Samuel Alito and Elena Kagan attended a House Appropriations subcommittee hearing on the high court’s budget.
Kagan said at that hearing that the justices were discussing an ethics code, but in the four years since no such regime has been adopted by the high court.
Durbin noted in his letter, and to reporters, that a pair of justices – Antonin Scalia and Stephen Breyer – testified to the Judiciary panel in 2011. “There’s precedent for this,” the senator said.
