Earlier in the day, when asked if he would consider subpoenaing Thomas for his testimony, Durbin told reporters his team would “talk about a number of options.”
Blumenthal said Thomas’ conduct was “high on the list” of topics discussed Monday evening, adding that no final decision has yet been made on who else will testify.
Durbin has not yet confirmed that Thomas will testify. Any subpoena Democrats might issue could be challenged if the judge rejects such a subpoena and could end up before Thomas and his colleagues at the high court.
Judicial Democrats have already sent a letter to Chief Justice John Roberts. Thomas urged him to investigate her undisclosed acceptance of luxury travel and gifts from wealthy GOP donor Harlan Crowe. Later reports by ProPublica examined the sale of three Georgia properties to Crowe, including the home where Thomas’ mother currently lives.
“What he did was really unprecedented, the amount of gifts and luxury trips, but money changing hands and not disclosing,” Blumenthal said.
Senators still hope the Supreme Court will take its own course of action, but Durbin said his group is open to discussing plans to impose formal ethics rules on the court.
“This reflects the integrity of the Supreme Court. [Roberts] He should take the initiative and start his own investigation and promise results that directly address this problem,” the president said on Monday.