But Durbin told CNN he can’t move forward with a new ethics bill to impose a code of conduct on the justices until Sen. Dianne Feinstein returns from her illness since Republicans would have the votes to block any such legislation in his committee. Plus some Democrats on the panel, like Sen. Dick Blumenthal, want to go much further than Durbin in the Thomas probe – exposing divisions within the ranks. But Durbin said the first step is up to Roberts.
John Cornyn, a Republican on the panel, said that it was all part of a “smear attempt” by Democrats and called Harlan Crow and Thomas “honorable men.” He argued it would be unconstitutional for Congress to mandate ethics rules on justices.