On Sunday, top Democrats in the House and Senate demanded that Supreme Court Chief Justice John Roberts comply with their investigation into the court's refusal to abide by ethics laws.
If the court continues to suggest it isn't serious about policing itself, Congress will step in.
Congress is the only forum for investigating possible ethics violations if the court is not willing to do so.
The letter came a day after The New York Times reported that Justice Samuel Alito leaked the result of a case. Alito spoke about the decision before it was released to the Supreme Court Historical Society donors.
Congress has the right to investigate the court and demanded that Roberts give information about the influence operation run by Schenck.
They wanted to know if Schenck knew about the outcome of the Hobby Lobby case before one of his volunteers told Roberts. The court is investigating the leak of the Jackson Women's Health Organization decision. Alito didn't deny leaking the outcome of the Hobby Lobby decision.
Whitehouse and Johnson wanted to know who was involved in investigating the influence campaign or Schenck's allegations about Alito. He was asked to identify those in charge ofpolicing the relationship between the Supreme Court and the Supreme Court Historical Society to make sure that paid membership in the Society is not used as a means of gaining influence.
In a sign that their investigation is moving towards hearings, the two lawmakers stated that the court should "designate an individual knowledgeable about" these issues to give testimony to them.
Whitehouse and Johnson want to know what the chief justice is doing to investigate ethics scandals surrounding conservatives.
Whitehouse and Johnson wrote to Roberts on Sunday to inquire about Schenck. They encouraged the court to adopt an ethics code. They wanted to know how many justices were given travel, dinners, lodging and other perks from donors connected to Schenck.
After the New York Times story came out, Whitehouse posted the response he and Johnson got from the legal counsel of the court. The court said that ethics laws apply to the court and that the court's code of conduct is non-binding.
Whitehouse said that it notes the existence of the wall-decoration code, but doesn't respond to his letter.
The Senate should investigate the Alito allegations, according to progressive groups.
The gavel of the House Judiciary Committee's subcommittee overseeing the courts will be lost in January because Democrats lost control of the House in the election. The Senate was held by Democrats.
Whitehouse can still force testimony and hold hearings through the subcommittee he chairs on the Senate Judiciary Committee.
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