Topline
Supreme Court Justice Clarence Thomas has received dozens of luxury vacations, private jet flights and other gifts from wealthy friends, ProPublica reported Thursday, going beyond the publication’s previous reporting about Thomas’ relationship with real estate magnate Harlan Crow and fueling an ongoing ethics controversy about the conservative-leaning justice receiving luxury gifts without disclosing them.
Supreme Court Justice Clarence Thomas at the Supreme Court building in Washington, Oct. 7, 2022. Copyright 2022 The Associated Press. All rights reserved
Key Facts
Thomas has received a series of gifts from a “cadre of industry titans and ultrawealthy executives” during his tenure on the Supreme Court, ProPublica reports—particularly from late billionaire H. Wayne Huizenga, former Berkshire Hathaway exec David Sokol and Apex Oil CEO Paul “Tony” Novelly, who like Thomas are all associated with the Horatio Alger Association. The justice has received at least 38 “destination vacations,” 26 private jet flights, eight helicopter flights, a dozen VIP sport event passes, two luxury resort stays and a standing invitation to Huizenga’s exclusive private golf club, ProPublica reports—which the publication notes is “almost certainly an undercount” and former federal judge Jeremy Fogel described to ProPublica as likely being “unprecedented” in the federal judiciary. Sokol repeatedly arranged for Thomas to attend games at the University of Nebraska and has hosted Thomas and his wife Ginni at his properties in Wyoming and Florida, and Thomas traveled aboard Novelly’s private yacht in the Bahamas. Huizenga, who died in 2018, is believed to be Thomas’ first “billionaire benefactor,” ProPublica reports, with the justice flying on his private jet and helicopter and Huizenga giving him a “standing invitation” to the billionaire’s exclusive Floridian golf club, among other benefits. While stays in private homes likely don’t require disclosure, ProPublica notes, ethics experts cited by the publication suggest Thomas likely violated disclosure rules by not disclosing his flights, yacht travel and sports tickets, given rules that require any gifts valued above $415 be disclosed. Thomas also may have violated ethics guidelines—which aren’t binding for Supreme Court justices—that bar judges from using their position to fundraise for outside organizations, after the Horatio Alger Association charged donors between $1,500 and $100,000 to attend its annual event at the Supreme Court, according to financial records cited by ProPublica.
What To Watch For
The ongoing controversy over Thomas’ association with wealthy friends—as well as ethics controversies involving other justices—has fueled efforts by Democrats to impose more stringent ethics reforms on the Supreme Court, with the Senate Judiciary Committee passing legislation that would require the court to adopt a binding code of ethics. Those efforts are widely expected to fail, however, as Republican lawmakers remain staunchly opposed to the legislation, characterizing it as a partisan effort to punish conservative justices for rulings Democrats don’t like.
Crucial Quote
“It’s just the height of hypocrisy to wear the robes and live the lifestyle of a billionaire,” Don Fox, former general counsel for the U.S. Office of Government Ethics, told ProPublica.
Chief Critics
Thomas did not respond to ProPublica’s reporting but has previously defended his relationship with fellow wealthy friend Crow, saying in a statement he had joined the magnate on vacations “as friends do” and alleging he had been told he was not required to disclose the trips. Sokol defended his relationship with Thomas in a statement to ProPublica, calling the outlet’s reporting on the justice “a clear attempt to impune [his] integrity” and arguing Supreme Court justices should travel on private or governmental aircraft given security concerns. “We have never once discussed any pending court matter or his thoughts on the same,” Sokol added. Mark Paoletta, an attorney who ProPublica reports joined the Thomases on his travels with Sokol—and reportedly serenaded the justice with a custom song—attacked the outlet’s reporting even before the piece was published, claiming on X (formerly Twitter) late Tuesday the publication “is obsessed [with] Thomas [because] its funders want to destroy Court [because] of abortion/affirmative action rulings” and omitted a previous ruling by the Judicial Conference in 2012 that found there was no evidence “to support a determination” that Thomas improperly failed to disclose travel reimbursements regarding his travel with Crow.
Forbes Valuation
Forbes valued Huizenga’s net worth at $2.8 billion as of March 2018, the month the billionaire died. Though the ProPublica report also characterizes Novelly as a billionaire, Forbes does not list him as one.
Tangent
Sokol, Novelly and Huizenga did not have any direct business before the Supreme Court during their friendships with Thomas, ProPublica notes, though they are in industries impacted by the court’s decision and the court considered whether to take up a case involving Apex Oil before Thomas’ vacations with Novelly. Sokol also gave a speech before Horatio Alger scholarship recipients in October in which he directly criticized President Joe Biden’s student loan forgiveness plan and predicted “it’s going to get overturned by the Supreme Court,” as it later did.
Key Background
Supreme Court justices are not required to follow a code of ethics as lower federal judges are, an issue that’s gained widespread attention in recent months as a series of ethics controversies have fueled criticism of the justices’ practices. ProPublica’s reporting Thursday follows a string of previous reports about Thomas’ association with Crow, a GOP megadonor, including receiving free luxury vacations from him, selling him real estate and Crow paying private school tuition for Thomas’ grand-nephew. The New York Times also previously reported on Thomas’ association with the Horatio Alger Association and that the justice had received benefits through the group’s members, including receiving a Super Bowl ring. Beyond Thomas, ProPublica has also reported on Justice Samuel Alito receiving a free vacation from billionaire Paul Singer, and the Associated Press reported justices’ appearances at public colleges and universities are repeatedly used to boost donations and Justice Sonia Sotomayor’s staff reportedly “prodded” public institutions where she spoke to buy copies of her book, among other controversial reports. With efforts in Congress to pass ethics reforms likely futile, the court has reportedly been considering for years whether to impose a code of ethics itself, but has not yet done so. Justice Elena Kagan said last week that justices “have been discussing this issue,” but noted “it won’t be a surprise to know that the nine of us have a variety of views about this.”
Further Reading
Clarence Thomas’ 38 Vacations: The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel (ProPublica)
Clarence Thomas: Here Are All The Ethics Scandals Involving The Supreme Court Justice Amid Horatio Alger Revelations (Forbes)
Here Are The Recent Controversies Supreme Court Justices Have Been Caught Up In—As Senate Committee Votes On Ethics Bill (Forbes)
Clarence Thomas Has Received An ‘Unprecedented’ Number Of Gifts From Wealthy Friends, Report Says-Beyond Harlan Crow
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