Senate Judiciary Committee Chairman Dick Durbin has frequently pointed to Justices Clarence Thomas and Samuel Alito as examples of why lawmakers should force the Supreme Court to abide by an outside ethics code.

However, opponents maintain that Durbin's suggestion is politically motivated and likely to be struck down. 

Durbin claims Supreme Court "is mired in an ethical crisis"

According to the Washington Examiner, Durbin once again reiterated his call for ethics reform last week following the release of a 97-page report by his committee.

"Now more than ever before, as a result of information gathered by subpoenas, we know the extent to which the Supreme Court is mired in an ethical crisis of its own making," the Illinois lawmaker was quoted as saying.

Yet the idea that Congress could impose an ethics code on Supreme Court justices has been decried by some observers as being incantational.

They include conservative judicial activist Leonard Leo, who argued last year that such a move would violate the Constitution's separation of powers doctrine.

Report ignores controversies involving Democratic appointees

Interestingly, the Examiner pointed out how none of the report's findings concern actions taken by the Supreme Court's three Democratic appointees.

This is despite the fact that Justice Sonia Sotomayor has been accused of having staff members tell schools and libraries to purchase copies of her memoir.

Meanwhile, Justice Ketanji Brown-Jackson was criticized last year for failing to disclose that her husband profited from medical malpractice consultation.

That disparity recently led attorney Mark Paoletta to assert that the report "was never about 'ethics'" and more to do with "the Democrats' political agenda."

Paoletta: "Thomas and Alito "are part of an originalist majority"

"Justice Thomas and Justice Alito COMPLIED with the laws, regulations, advice, and Judicial Conference rulings regarding the reporting of trips with friends," Paoletta stressed.

Tip Sheet for reviewing @SenWhitehouse & @SenatorDurbin staff report expected to be released today smearing Justice Thomas and Justice Alito:

This entire investigation was never about “ethics” but about trying to undermine the Supreme Court because the Court is no longer acting… https://t.co/nHGyr1wmEf

— Mark Paoletta (@MarkPaoletta) December 20, 2024

"It was not required under the personal hospitality exception, no matter what Durbin and [Sen. Sheldon] Whitehouse claim or wish," he went on to point out.

Paoletta further insisted that Thomas and Alito "are part of an originalist majority that is bringing American jurisprudence back to the Constitution and its Founding principles and that’s why they are being attacked."