Inside the AP investigation into the ethical practices of Supreme Court justices

WASHINGTON (AP) — An Associated Press review of the U.S. Supreme Court’s ethical practices relied on documents obtained from more than 100 public records requests to public colleges, universities and other institutions that have hosted judges over the past decade.

Here is an overview of how the report was made:

To conduct its review, the AP polled local news and social media and obtained data from ScotusTracker, a website that recorded the activities of judges, to compile a list of appearances over the past 10 years.

In late 2022 and early this year, the AP submitted records requests to public institutions on this list, citing individual state laws that require the release of certain records to the public.

The requests were for a wide range of information, including details of contracts or endorsements for appearances; transportation to and from events as well as food and accommodation; the event registration policy; and any gifts or honoraria discussed or offered, including books.

The AP separately polled more than 100 colleges, universities and private charities that have also hosted judges or held events for them, asking them to provide the same information that is requested from public institutions. Some confirmed basic details of visits, but few provided substantive information.

The AP listed travel and perks given to judges. The AP has also compiled lists of guests, including donors and politicians, who have been invited to private functions with judges and cross-checked them where possible against information in court records. Federal Court, Federal Election Commission filings, online event photo albums, and other publicly available data.

Responses from public institutions vary considerably. Some schools, including the University of Rhode Island, Ohio State University, Stony Brook University, and the University of California, Davis, provided records for free. Some schools have handed over thousands of pages of documents, including George Mason University and the University of Kentucky.

McLennan Community College in Waco, Texas, produced 104 pages of documents in March and then, after paying $110, mailed out a box of blue folders containing hundreds of additional pages. A reporting trip was also made there so that a reporter could observe firsthand the site of a dinner the college hosted for Judge Clarence Thomas.

In some cases, AP has filed multiple requests with the same school, either because the school requested that the initial request be significantly narrowed or because an initial response suggested that more details might be available. In the case of the University of Texas at Tyler, for example, the AP filed a follow-up request for a guest list for a dinner with Thomas. A follow-up claim has been filed with the University of Mississippi for the cost of a flight that carried Judge Elena Kagan, Judge Antonin Scalia, and Scalia’s son and grandson in 2014.

Some institutions have been less open. The AP applied to the Illinois State Attorney General for a binding notice ordering the Chicago Public Library to produce documents related to a visit by Judge Sonia Sotomayor. Other schools, including the University of Arizona, said their search for documents was still ongoing after more than six months.

The AP paid some schools for materials, including $350 to the University of Utah; $140 to Michigan State University; $159.24 at the University of Minnesota; and about $150 at the University of Mississippi.

But some schools responded to requests for records with fee requests that the AP deemed unreasonable. The initial fee cited by the University of Georgia for processing two requests was $18,800.50, although it was later reduced after the AP restricted its request.

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The Associated Press receives support from several private foundations to improve its explanatory coverage of elections and democracy. Learn more about the PA’s Democratic Initiative here. The AP is solely responsible for all content.

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