'Because he is above the law?' Sen Dick Durbin slammed after he dismisses subpoenaing Justice Samuel Alito over flag controversy

WASHINGTON, DC: Progressive groups are ramping up their demands for Senate Democrats to take action against Supreme Court Justice Samuel Alito following a series of controversies and alleged ethical breaches.

These calls have grown louder after it was revealed that flags flown at two of Alito's residences were similar to those carried by protesters during the attack on the US Capitol on January 6, 2021.

Sen Dick Durbin dismisses subpoena possibility

Sen Dick Durbin (D-Ill), who chairs the Senate Judiciary Committee, has been urged to adopt more aggressive tactics, such as subpoenaing Justice Alito to testify. Over two dozen organizations have recently pushed Durbin to investigate Alito's adherence to federal law and ethical standards.

However, Durbin dismissed the possibility of such actions. "Quite honestly, subpoenaing a Supreme Court justice is not in the cards. It’s not going to happen," he told HuffPost on Wednesday, June 12.

Durbin explained that the procedural hurdles within the Senate and the Judiciary Committee make it practically impossible to subpoena a Supreme Court justice.

"The math simply isn’t there to go this route," he said, noting that a majority or bipartisan vote would be required to issue a subpoena, and even if the committee agreed, it would take 60 votes in the full Senate to approve it. "The votes aren’t there for that either," he concluded.

Durbin also highlighted the limitations of enforcing a subpoena against a Supreme Court justice. "If they tear it up in front of me, there’s little I can do other than say, ‘You’re missing an opportunity if you have a story to tell.’ That’s the best we can do," he said.

Despite dismissing the call for a new investigation into Alito, Durbin insisted that the committee is actively scrutinizing the ethics of Supreme Court justices.

Recent investigative reports have uncovered questionable activities among the justices, including undisclosed luxury vacations taken by Justice Clarence Thomas and Alito, and a real estate transaction involving Justice Neil Gorsuch.

In response to these revelations, the Judiciary Committee invited Chief Justice John Roberts to testify about the court's ethics issues, which Roberts refused.

The committee has also requested information from Roberts regarding the enforcement of the court's code of conduct and has asked Alito and Thomas to recuse themselves from cases where their impartiality is in question. Both justices did not pay heed to those requests.

"We issued subpoenas to some of the sugar daddies, and we received some information, which we’re processing now," Durbin said, referring to the subpoenas issued to Harlan Crow, a conservative GOP mega-donor, and Leonard Leo, a conservative judicial activist.

Progressive groups were encouraged by some recent developments. The Judiciary Committee released new information on June 13, obtained through its subpoena of Crow, detailing three additional private jet trips taken by Justice Thomas that were not disclosed.

"The report that Sen Durbin and his committee released yesterday, which shone further light on Justice Thomas’s own seemingly never-ending ethical lapses, is exactly the type of work that is so critical to setting the stage for ensuring long-term improvements in the functioning of the judiciary," said Maggie Jo Buchanan, managing director of Demand Justice.

Buchanan emphasized the importance of sustained efforts to investigate and address the Chief Justice's handling of ethical breaches within the Supreme Court.

"Moving forward, sustained efforts — particularly in regard to investigations and findings into the Chief Justice’s handling of such revelations and the institution he is responsible for protecting the integrity of — will be similarly important to the future of our democracy," she said. 

On June 14, Senate Democrats attempted to bring the Supreme Court Ethics, Recusal, and Transparency Act to the Senate floor. This bill would require the nine justices to adopt a binding code of conduct. As expected, Republicans blocked the bill from getting a vote, arguing that it was inappropriate for the legislative branch to dictate the operations of the judicial branch.

Despite the blockage, Democrats used the opportunity to signal their commitment to addressing the Supreme Court justices' conduct. Durbin has repeatedly stated that his preferred solution is passing this bill.

"The math may not be there to do it, but the Republicans are going to be in a position of trying to explain or forgive this conduct. I don’t think that’s easy," Durbin said.

Dick Durbin faces backlash on social media

Following Durbin's announcement that Justice Alito would not be subpoenaed, he faced quite a backlash on social media.

"Because...he is above the law?" one posted on X.

"@SenatorDurbin: Resign, you worthless piece of s---," another fumed.

"Durbin is too old school. He is not up to today’s challenges. Democrats always bring a feather to a knife fight," someone else offered.

"Why are democrats so terrified to hold these hacks accountable?" a comment read.

"Passivity is the democrat's game," another chimed in.

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