If John Roberts doesn't hold Clarence Thomas accountable, Democrats will do it themselves.

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1. The Democrats on the Senate Judiciary Committee are planning to hold a hearing in the coming days "regarding the need to restore confidence in the Supreme Court's ethical standards," citing ProPublica's reporting on over 20 years' worth of luxury travel accepted by Supreme Court Justice Clarence Thomas from a billionaire Republican megadonor.2. The planned hearing is detailed in a letter to Chief Justice John Roberts and follows comments made by the committee chair, Illinois Sen. Dick Durbin , last week in which he called for an "enforceable code of conduct" for the justices.3. If "the Court does not resolve this issue on its own, the Committee will consider legislation to resolve it," the letter said.4. Monday's letter echoed a call from 22 Democratic lawmakers last week for Roberts to launch an investigation into Thomas' trips and his failure to report them.5. That group included members of both the House and Senate judiciary committees.6. In their separate letter to Roberts, those lawmakers — including Rhode Island Sen. Sheldon Whitehouse and Georgia Rep. Hank Johnson — wrote that as chief justice, Roberts is duty-bound to conduct a "swift, thorough, independent and transparent investigation" in order to "safeguard public faith in the judiciary."7. Both letters hinted at congressional action to strengthen the court's rules around ethics and disclosure.8. The court "has barely acknowledged, much less investigated" the details reported by ProPublica, the lawmakers wrote Friday, citing their alarm over "allegations of unethical, and potentially unlawful, conduct at the Supreme Court."9. "Should the Supreme Court continue to refuse to act swiftly on these matters," the letter added, "we will continue to press Congress to act to restore accountability and ethics at the highest Court in the land."10. The flurry of activity by the lawmakers comes in response to ProPublica's report revealing that for years, Thomas had accepted luxury trips from Dallas billionaire Harlan Crow without disclosing them.11. The trips included international cruises on Crow's superyacht, flights on Crow's private jet and regular summer getaways at Crow's private lakeside resort in the Adirondacks.12. A Supreme Court spokesperson didn't immediately respond to a request for comment on the letters.13. In a brief statement on Friday , Thomas cited "guidance from my colleagues and others in the judiciary" that "this sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable."14. Crow previously told ProPublica that he and his wife never discussed a pending case with Thomas and had "never sought to influence Justice Thomas on any legal or political issue." He also said that he is "unaware of any of our friends ever lobbying or seeking to influence Justice Thomas on any case, and I would never invite anyone who I believe had any intention of doing that."15. An ethics law passed after the Watergate scandal requires


     If the Court does not resolve this issue on its own, the Committee will consider legislation to resolve it.

     On June 26, the Supreme Court granted certiorari in the case of King v. Burwell. The case concerns the Affordable Care Act's (ACA) so-called "subsidy" provision, which provides tax credits to individuals who purchase health insurance through an ACA-compliant exchange.

     The plaintiffs in King argue that the subsidy is unlawful because it is not "an essential part" of the ACA. The Obama administration and many congressional Republicans argue that the subsidy is an essential part of the ACA because it helps low- and moderate-income individuals purchase health insurance.

     If the Supreme Court rules in favor of the plaintiffs, approximately 4.7 million people who currently receive subsidies would lose them. If the Supreme Court rules in favor of the Obama administration, the ACA would remain intact, but the subsidy would be available to more people.

     If the Supreme Court does not resolve this issue on its own, the Committee will consider legislation to resolve it.



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