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Editorials|The Ethics of Nine of the Most Powerful People in America

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Opinion

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The Editorial Board


THE ETHICS OF NINE OF THE MOST POWERFUL PEOPLE IN AMERICA

April 14, 2023

Credit...Illustration by The New York Times; photographs by Evelyn
Hockstein/Reuters and S. Greg Panosian/Getty
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By The Editorial Board

The editorial board is a group of opinion journalists whose views are informed
by expertise, research, debate and certain longstanding values. It is separate
from the newsroom.

At least one member of the Supreme Court told Justice Clarence Thomas that there
was no problem accepting privately paid luxury trips and other lavish gifts from
“close personal friends” without disclosing them, according to a statement
issued earlier this month by Justice Thomas. Whoever it was — names were not
disclosed — gave him stunningly tone-deaf advice, given the uproar that followed
when ProPublica reported that the justice had for more than 20 years accepted
expensive gifts and trips from a billionaire conservative friend.

But Justice Thomas’s indulgence is just the latest and most egregious example of
a weakness demonstrated by virtually every member of the court for decades,
those nominated by Republican and Democratic presidents alike: a willingness to
accept freebies, gifts and junkets — both costly and modest — from people and
groups who find it useful to be close to nine of the most powerful people in the
United States.

While some of these gifts have been disclosed (though not always in much
detail), their preponderance — despite years of calls for restraint and
self-policing by the court — show how vital it is that the Supreme Court adhere
to a clear ethics code that would limit gifts and mandate full disclosure of all
outside income to the justices.

The long list of comforts provided to Justice Thomas and his wife, Ginni, was
shocking mainly in its rococo extravagance. Nine days of island cruising in
Indonesia on a fully staffed superyacht. Regular flights on a private jet.
Summers at a private resort in the Adirondacks, and every dollar of it paid by
Harlan Crow, a real estate baron from Texas who has spent millions for decades
to elect Republicans and on efforts to push the judiciary to the right.



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None of it was on the justice’s annual financial disclosure form. Neither was a
payment of $133,363 that Mr. Crow made to Mr. Thomas and his family in 2014 in
exchange for three properties in Savannah, Ga., including the house where the
justice’s mother has lived, ProPublica reported on Thursday. Mr. Crow said he
bought the real estate in order to create a Clarence Thomas museum one day.
Experts said the failure to disclose the sale or the free trips was a clear
violation of the Ethics in Government Act of 1978, which was intended to apply
to all government employees and requires disclosure of real estate transactions
and most gifts. Each branch of government was given considerable leeway in
determining how it would comply with the law, and court critics have long said
that the Supreme Court’s compliance was the weakest of any federal government
body.

Failing to disclose gifts and transactions is only one part of the problem,
though. The gifts that many justices have disclosed in full or in part over the
years are often just as damaging to the court’s reputation as those they did not
fully disclose. Justice Antonin Scalia took at least 258 subsidized trips while
on the court, often to distant destinations, all paid for by private donors,
some of which were at least partially disclosed. (He often tacked hunting trips
onto trips to give speeches, but disclosed only the speeches.) He died in 2016
while staying in a luxurious Texas hunting lodge owned by John Poindexter, a
wealthy businessman whose company had legal matters before the court; that trip
was never officially disclosed. Justice Stephen Breyer took at least 225
subsidized trips from 2004 to 2018, according to data compiled by the Center for
Responsive Politics, including trips to Europe, Japan, India and Hawaii. One was
a trip to Nantucket paid for by David Rubenstein, a private equity mogul.

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The editorial board is a group of opinion journalists whose views are informed
by expertise, research, debate and certain longstanding values. It is separate
from the newsroom.

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