The Blubber

Justice Samuel A. Alito Jr. has taken the unusual step of addressing questions regarding his travel with a billionaire who frequently appears before the Supreme Court. He responded before an article detailing their connections was even published. In an extraordinary move, Justice Alito defended himself preemptively in an op-ed in The Wall Street Journal, anticipating the report by news organization ProPublica about a luxury fishing trip they took together in 2008.

This response comes at a time when the justices are facing increased scrutiny over their ethical responsibilities, such as reporting gifts and recusing themselves from cases involving those who have provided them with benefits. These latest revelations are likely to heighten calls for the court to adopt stricter ethics regulations.

The justices have taken different approaches in explaining their actions and protecting the integrity of the court. Justice Clarence Thomas has largely remained silent despite revelations of gifts from Harlan Crow, a wealthy Republican donor. Chief Justice John G. Roberts Jr. declined an invitation from Congress to testify about the court's ethics practices and made vague statements about addressing the issue.

Justice Alito, however, has taken a more aggressive stance. The ProPublica article focused on a trip Justice Alito took to a remote part of Alaska, arriving on the private jet of Paul Singer, a highly affluent hedge fund manager and Republican donor. According to estimates, the flight would have cost over $100,000 one way if the justice had chartered it himself. Notably, his annual disclosures do not mention this trip, which many legal ethics experts argue is a violation of federal law. In the years following the trip, Mr. Singer's businesses were involved in several Supreme Court cases in which Justice Alito participated.

ProPublica reached out to Justice Alito for comment, but he chose to respond through The Wall Street Journal. He made two main points in his defense: he believed he was not obligated to recuse himself from those cases or disclose the travel. Justice Alito stated that he had only spoken to Mr. Singer a few times, including two occasions when Mr. Singer introduced him before speeches. He argued that these interactions would not reasonably lead an unbiased person to doubt his ability to impartially decide the matters in question.