If you want to know why a gift ban is important, look no further than U.S. Supreme Court Justice Clarence Thomas.
On Thursday, a ProPublica investigation outlined years of travel and generosity from Texas real estate billionaire Harlan Crow to Thomas, who has sat on the country’s highest court since 1991.
Most of this went unreported. Thomas has reported no gifts since 2004. The Los Angeles Times reported then that he received a $19,000 Bible once belonging to Frederick Douglass and a $15,000 bust of Abraham Lincoln. Both were from Crow. So was a private plane trip from Washington, D.C., to California.
ProPublica pointed to more plane use as well as long vacations on Crow’s super yacht, to foreign countries and to a private resort in the Adirondacks.
Are there issues here? There could be — but there isn’t anything specific. Crow definitely has an interest in the court; he has donated heavily to political organizations focused on judiciary topics and change. But ProPublica’s sources also say the men are genuine friends.
The problem here is that while there is plenty of direction for lower levels of the federal bench, the Supreme Court is largely expected to police itself. A 1978 law could apply to the justices. But those jurists have lifetime appointments, meaning what should apply might be hard to enforce.
Clearly it needs more clarity.
So does Harrisburg. The situation illustrates why the state Legislature needs hard-and-fast rules that spell out a gift ban explicitly and completely.
Lawmakers have taken trips to Wyoming and Europe. They have accepted things because there are no rules that say they can’t. That can paint them into corners.
The lack of clear parameters creates a position where something can exist in a gray area, giving the appearance of wrongdoing while still following vague guidance. That’s not fair to the officials navigating those waters.
The Thomas situation is complicated by constitutional law and separation of powers. Harrisburg is not. For years, there have been calls for a gift ban.
It is in the best interest of all lawmakers to enact one.
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