Conservative judicial activist Leonard Leo has refused to comply with a subpoena issued by Democrats on the Senate Judiciary Committee as part of their investigation into ethics practices at the Supreme Court. The subpoena was issued by Judiciary Committee Chairman Dick Durbin in response to reports that Justice Clarence Thomas took luxury trips with a Republican megadonor, Harlan Crow, and did not disclose them. Crow did not receive a subpoena from Durbin. Leo’s lawyer, David Rivkin, stated that his client will not comply with the “unlawful and politically motivated subpoena.”
Durbin, an Illinois Democrat, stated that Leo’s defiance left the Committee with no choice but to move forward with compulsory process. Leo, who has played a key role in the confirmations of conservative Supreme Court justices, rejected the subpoena, accusing Durbin of supporting the left’s efforts to silence political opposition. Leo is the co-chairman of the conservative Federalist Society. While there are options available to enforce the subpoena in the event of noncompliance, Leo has maintained his refusal to comply.
Democrats on the Judiciary Committee voted in late November to issue subpoenas to Leo and Crow, whose relationship with Thomas has come under scrutiny. Republicans have criticized Democrats for targeting private citizens in their investigation into ethics issues at the Supreme Court, accusing them of trying to undermine the court’s integrity. The investigation was launched following reports of luxury trips provided to Thomas and Alito, which were not disclosed on their financial disclosure forms. The Judiciary Committee has requested information from Crow, Leo, and other donors, with Leo repeatedly refusing to cooperate.
The revelations of Thomas and Alito’s luxury trips have led to calls for the Supreme Court to adopt a code of ethics. Last summer, the Judiciary Committee advanced legislation that would require the court to enforce ethics rules. In response, the court adopted a formal code of conduct for the first time, although it does not include an enforcement mechanism. Republicans have defended Thomas and Alito, while pointing out that Democrats have ignored other ethical issues involving other justices, such as Sotomayor’s push to purchase her books and Gorsuch’s involvement in cases related to his book publisher.
The investigation into ethics issues at the Supreme Court has sparked a partisan divide, with Democrats seeking information on luxury trips and gifts provided to justices, while Republicans accuse them of targeting private citizens and undermining the court’s integrity. Leo’s refusal to comply with the subpoena is part of a broader effort to resist Democrats’ demands for information. The ongoing investigation highlights the tensions between Democrats and Republicans over the ethical practices at the Supreme Court and the need for greater oversight and accountability.
