November 9, 2023

ACS Statement on the Senate Judiciary Committee Voting on SCOTUS-related Subpoenas

Nancy Rodriguez,

Washington, DC – The Senate Judiciary Committee is scheduled to vote today on whether to authorize subpoenas to Harlan Crow and Leonard Leo as part of its Supreme Court ethics investigation. Senator Durbin announced on Wednesday that the Committee would not vote to authorize issuing a subpoena to Robin Arkley as he is now cooperating with the Committee. In anticipation of the Committee’s votes, the American Constitution Society released the following statement:

“ACS applauds the Senate Judiciary Committee’s ongoing investigation into the unethical behavior of certain Supreme Court justices,” said ACS President Russ Feingold. “The Senate has not only the responsibility, but the obligation to check and balance the Supreme Court. The proposed subpoenas are rare but necessary steps in the Senate fulfilling this obligation in the wake of extensive and detailed reporting of unethical behavior by multiple Supreme Court justices.

“The U.S. Supreme Court is in the midst of existential legitimacy crisis, exemplified by the public’s plummeting confidence in the institution. Structural and non-structural Supreme Court reform is urgently needed to restore legitimacy to our highest court. This includes a binding code of ethics to prevent the unethical behavior that is necessitating the Senate Judiciary Committee’s investigation and oversight.”


The American Constitution Society is a 501(c)3 non-profit, non-partisan legal organization. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, advocates, and many others, our mission is to support and advocate for laws and legal systems that strengthen our democratic legitimacy, uphold the rule of law, and redress the founding failures of our Constitution and enduring inequities in our laws in pursuit of realized equality. For more information, visit us at or on Twitter @acslaw.