Senate Judiciary Committee Chairman Dick Durbin, D-Ill., left, and Leonard Leo. (Getty Images)
For decades, Leo has been a part of the Federalist Society, which has long been criticized by liberal activists for its involvement in helping advise and lobby former President Donald Trump through the nominations of Supreme Court Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
The senators have previously asked for an itemized list of gifts and payments from Leo or groups he is associated with dating back decades and related to any Supreme Court justice he has associated with amid public outcry from Democrats accusing Supreme Court Justice Clarence Thomas of ethics violations, which have been dismissed by many as politically motivated.
In a Thursday letter to Durbin, the chairman of the Senate Judiciary, Leo’s lawyer David Rivkin Jr., reiterated Leo is "not complying" with the "unlawful and politically motivated subpoena."
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Associate Supreme Court Justice Clarence Thomas speaks at the Heritage Foundation in Washington, D.C., on Oct. 21, 2021. (Drew Angerer/Getty Images)
Leo and his legal team have also pointed out that trips taken by former Supreme Court Justice Stephen Breyer and money received by late Supreme Court Justice Ruth Bader Ginsburg have not resulted in inquiries from the committee.
"Since July 2023, Leonard Leo has responded to the legitimate oversight requests of the Senate Judiciary Committee with a blanket refusal to cooperate," Durbin told Fox News Digital in a statement.
"His outright defiance left the Committee with no other choice but to move forward with the compulsory process. For that reason, I have issued a subpoena to Mr. Leo."
The statement continued: "Mr. Leo has played a central role in the ethics crisis plaguing the Supreme Court and, unlike the other recipients of information requests in this matter, he has done nothing but stonewall the Committee. This subpoena is a direct result of Mr. Leo’s own actions and choices."
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The U.S. Supreme Court. (AP Photo/Mariam Zuhaib, File)
An aide for Durbin told Fox News Digital that while the senator "certainly expects the subject to acknowledge the gravity of a congressional subpoena," there are "options available to the Senate to enforce a subpoena in the event of noncompliance."
Fox News Digital reached out to the White House for comment but did not immediately receive a response.
In November, the Supreme Court adopted a modified ethics code in response to pressure from Durbin's committee and others.
Andrew Mark Miller is a reporter at Fox News. Find him on Twitter @andymarkmiller and email tips to AndrewMark.Miller@Fox.com.
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