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Saturday, September 19, 2026

Why it's unlikely ethics rules on Supreme Court gift disclosures will ... - WUNC

Updated April 10, 2023 at 10:03 AM ET

The Supreme Court is facing ethics questions since a ProPublica investigation reported that Supreme Court Justice Clarence Thomas received luxurious trips from Republican donor Harlan Crow for more than two decades. The investigation says he failed to report these trips in his annual financial disclosures.

Stricter regulations went into effect several weeks ago, saying that federal judges, including Supreme Court justices, must disclose when they receive gifts and "personal hospitality."

But Northwestern University law professor emeritus Steven Lubet told NPR's Leila Fadel that he doubts the justices will comply with stricter disclosure rules.

This conversation has been edited for length and clarity.

Interview highlights

On why Lubet doubts Thomas will comply with disclosure rules

Well, there's no enforcement mechanism. And in the past, the justices have adhered to them when they wanted to and not when they didn't. Justice Thomas says he'll follow the new interpretation. I don't really doubt him about that, but it's all very contingent because Chief Justice [John] Roberts and before him, Chief Justice [William] Rehnquist, have both said that the rules were validly applicable to the U.S. Supreme Court.

They're the Supreme Court. They do what they want.

On who enforces the rules that the Supreme Court makes

Well, they make the rules. There's an enforcement mechanism that, you know, the judges have life tenure. Short of impeachment,...



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