- THE HILL - ZACH SCHONFELD - MAY 3, 2023 -
Chief Justice John Roberts has long aimed to stay above the political fray, but his goal is being put to the test as Democrats vow to intervene in the Supreme Court’s recent ethics controversies.
Roberts’s refusal to appear before the Senate Judiciary Committee on Tuesday left Democrats pulling no punches as they asserted the justices cannot be trusted to police their ethics.
Republicans, meanwhile, portrayed the push as an attempt to smear Justice Clarence Thomas and the court’s other conservatives.
Even as the prospect of ethics legislation remains shaky in the divided Congress, the debacle has left Roberts, 68, grappling with how to remain neutral amid the partisan warfare and cratering public confidence in the high court.
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Roberts’s absence came with little surprise. He has strived to insulate the court’s image from partisan politics since becoming chief justice in 2005, and Tuesday’s hearing consisted of outraged Democrats, on camera, delving into ProPublica’s investigation into luxury trips Thomas accepted from billionaire and GOP megadonor Harlan Crow.
The chief justice cited separation of powers concerns in declining Senate Judiciary Committee Chairman Dick Durbin’s (D-Ill.) invitation, calling it an “exceedingly rare” offer.
“I’m more troubled by the suggestion that testifying to this Committee would somehow infringe on the separation of powers or threaten judicial independence,” Durbin said on Tuesday. “In fact, answering legitimate questions from the people’s elected representatives is one of the checks and balances that helps preserve the separation of powers.”