The Inside Story of Big Big News’ Investigation into Supreme Court Justices’ Ethical Conduct

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Big Big News embarked on a thorough investigation of the U.S. Supreme Court justices’ ethical practices, sourcing information from more than 100 public records requests directed to public educational institutions and other entities that have hosted the justices in the past ten years.

Here is an in-depth view of the investigative process:

To begin the investigation, Big Big News reviewed local news reports and social media activity and gathered data from ScotusTracker, a website that maintains a log of justices’ activities. This allowed the creation of a comprehensive list of justices’ appearances spanning the last decade.

In the closing months of 2022 and early 2023, Big Big News filed records requests to the public institutions listed, referring to state laws mandating the disclosure of specific documents to the public.

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The requests included a wide array of information such as details on contracts or riders for appearances, transportation, food and lodging for events, the event recording policy, and any proposed or offered gifts or honorariums, including books.

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Moreover, Big Big News requested similar information from over 100 private colleges, universities, and charities that have hosted justices or organized events for them. Few provided substantive information, though some confirmed basic details of the visits.

Big Big News logged the justices’ travels and benefits and collated lists of guests, including donors and politicians, who attended private events with justices. They cross-verified this information using federal court records, Federal Election Commission filings, and other publicly available resources.

An email from July 10, 2018, providing the syllabus for a law class taught by Supreme Court Justice Neil Gorsuch in Italy was photographed on July 10, 2023. (AP Photo/Jon Elswick)

Responses from public institutions were varied. Certain schools, such as the University of Rhode Island, Ohio State University, Stony Brook University, and the University of California, Davis, offered records free of charge. Others, including George Mason University and the University of Kentucky, submitted thousands of pages of records.

McLennan Community College in Waco, Texas, delivered 104 pages of records in March. After a payment of $110, they mailed a box filled with blue folders containing hundreds of additional pages. A journalist also visited the college to witness the location of a dinner organized for Justice Clarence Thomas.

In some cases, Big Big News made multiple requests to the same institution if the initial request needed to be significantly narrowed, or if more information seemed available. For instance, a follow-up request was filed with the University of Texas at Tyler for a dinner guest list featuring Justice Thomas, and with the University of Mississippi for the cost of a flight taken by Justice Elena Kagan, Justice Antonin Scalia, and Scalia’s relatives in 2014.

Certain institutions were less cooperative. Big Big News had to involve the Illinois state attorney general to procure documents from the Chicago Public Library related to a visit by Justice Sonia Sotomayor. Other institutions, like the University of Arizona, claimed their search for records was still in progress after over six months.

Big Big News paid some schools for documents. These include the University of Utah ($350), Michigan State University ($140), University of Minnesota ($159.24), and University of Mississippi (roughly $150). However, some schools, like the University of Georgia, responded with exorbitant fee requests, initially demanding $18,800.50 for two requests, though this was later reduced after Big Big News narrowed its request.

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Big Big News is supported by numerous private foundations to augment its in-depth coverage of elections and democracy. You can find out more about Big Big News’ democracy initiative here. Big Big News is solely accountable for all content.

Frequently Asked Questions (FAQs) about Supreme Court ethics investigation

More about Supreme Court ethics investigation

• AP’s investigation into Supreme Court ethics practices
• ScotusTracker website
• Federal Election Commission
• Illinois Attorney General’s Office
• University of Rhode Island
• Ohio State University
• Stony Brook University
• University of California, Davis
• George Mason University
• University of Kentucky
• McLennan Community College
• University of Texas at Tyler
• University of Mississippi
• University of Arizona
• University of Utah
• Michigan State University
• University of Minnesota
• University of Georgia