Durbin calls on Senate to pass Supreme Court ethics bill

CHICAGO - Illinois Senator Dick Durbin is urging significant changes to the Supreme Court, advocating for a Senate vote on an ethics bill that would require justices to disclose all gifts and recuse themselves from cases where there is a conflict of interest.

The proposed legislation also aims to subject the court to independent oversight to ensure adherence to these rules.

This call to action comes amid scrutiny over Justice Clarence Thomas for not disclosing luxury trips and gifts received from wealthy individuals with cases before the court. Durbin estimates the value of these undisclosed trips and gifts to be $4 million.

"Why do these nine people on the Supreme Court feel they are above the law when it comes to ethics?" Durbin told FOX 32 Chicago. "We continue to have reports of lavish vacations by billionaires provided to one Supreme Court Justice, Clarence Thomas."

President Joe Biden recently proposed further reforms, including 18-year term limits and allowing each president to appoint at least two Supreme Court justices per term. He criticized the current court as "not normal" following conservative majority rulings that overturned Roe v. Wade and addressed presidential immunity.

"The court made a ruling for one — a former president," Biden said in a speech in Austin, Texas. "No other president in history has asked for immunity for criminal actions."

However, conservative Justice Neil Gorsuch cautioned the president to "be careful" with regulating the court. Conservative Federalist Society attorney David Applegate argued that congressional action would violate the separation of powers clause of the Constitution.

"If Congress passed something, the court could just ignore it," Applegate told FOX 32 Chicago. "Congress has no enforcement mechanism. What's it going to do, bring a suit, and it ends up before the Supreme Court, and the Supreme Court rules the act of Congress is unconstitutional?"

Biden's proposal faces significant challenges with a slim Democratic majority in the Senate and a Republican majority in the House, leading to doubts about its success.

"It's not gonna happen this year, and it's not gonna happen unless the election turns out with majorities for the Democrats in the House and the Senate to bring about these changes," Durbin said. "But in the meantime, the ethics bill is pending in the Senate. Let's have it called for a vote."

Applegate noted that there is already a constitutional mechanism to hold Supreme Court justices accountable.

"The ultimate enforcement action is impeachment, which the Constitution provides not just for presidents and other officers but justices and judges."

Removing an impeached Supreme Court justice would require a two-thirds Senate vote. Applegate acknowledged that while conservative and liberal legal scholars support term limits for the court, Republicans are unlikely to back such a proposal given the current 6-3 conservative majority.