Separate ethics complaints filed by members of Congress and an advocacy group against Justices Clarence Thomas and Ketanji Brown Jackson will not be referred to the Justice Department, federal court officials announced.

The U.S. Judicial Conference said Thomas has agreed to follow updated guidelines on listing free private travel and gifts from friends, following previous reporting on undisclosed hospitality.

For her part, Jackson has amended her financial disclosures following complaints about her husband’s consulting income as a physician.

Democratic Sens. Sheldon Whitehouse (D-RI) and Ron Wyden (D-OR), along with Rep. Hank Johnson (D-GA), had asked for an investigation by the judiciary itself into undisclosed hospitality provided to Thomas by billionaire friend Harland Crow. ProPublica reported on several instances of private travel and lodging over the years.

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Judge Robert Conrad, who heads the judicial conference policymaking body, said in letters to the lawmakers that Thomas had filed amended financial disclosures “that address several issues identified in your letter.” 

Additionally, Conrad said that it was not clear whether the judiciary itself could make criminal referrals against a sitting Supreme Court member.

“Because the Judicial Conference does not superintend the Supreme Court and because any effort to grant the Conference such authority would raise serious constitutional questions, one would expect Congress at a minimum to state any such directive clearly. But no such express directive appears in this provision,” Conrad said.

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Conrad noted that Whitehouse and Wyden had separately asked Attorney General Merrick Garland to name a special counsel to investigate then-former President Donald Trump. Garland has not acted yet on that request.

Whitehouse, in a statement, criticized the Judicial Conference’s decision.

“By all appearances, the judicial branch is shirking its statutory duty to hold a Supreme Court justice accountable for ethics violations,” said Whitehouse.

The complaint filed against Jackson came from Citizens for Renewing America, led by Russ Vought, who was nominated by President-elect Trump to lead the Office of Management and Budget.

Questions over ethics, including unreported private travel by some justices, have led the court to adopt its first code of ethics last year.

United States Supreme Court (front row L-R) Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan, (back row L-R) Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh and Associate Justice Ketanji Brown Jackson pose for their official portrait at the East Conference Room of the Supreme Court building on October 7, 2022 in Washington, DC. The Supreme Court has begun a new term after Associate Justice Ketanji Brown Jackson was officially added to the bench in September.  ((Photo by Alex Wong/Getty Images))

However, compliance is left to each of the nine justices, leading to concerns the court is not taking its own ethics enforcement standards seriously.

A two-year investigation by Senate Democrats released last week found additional luxury travel by Justice Thomas in 2021 was not noted on his annual financial disclosure form. 

Fix the Court, a group which advocates for greater judicial transparency, urged Congress to act. 

“The Conference’s letters further underscore the need for Congress to create a new and transparent mechanism to investigate the justices for ethics violations since the Conference is unwilling to act upon the one method we had presumed existed to do that,” said Executive Director Gabe Roth.

Gov. Gavin Newsom issued an executive order on Friday attempting to limit access to ultra-processed foods, a directive he cast as a continuation of California’s “nation leading” nutrition and health standards.

“The food we eat shouldn’t make us sick with disease or lead to lifelong consequences,” Newsom said in a statement. “California has been a leader for years in creating healthy and delicious school meals, and removing harmful ingredients and chemicals from food. We’re going to work with the industry, consumers and experts to crack down on ultra-processed foods, and create a healthier future for every Californian.”

The order directs state agencies to develop recommendations to limit the health harms of ultra-processed foods and calls for proposals to reduce the purchase of candy, soda and other unhealthy foods made with synthetic dyes or additives by recipients of government food benefits.

The move comes weeks before President-elect Donald Trump is sworn into office for his second term, with iconoclastic former environmental lawyer Robert F. Kennedy Jr. as his nominee for secretary of Health and Human Services. Kennedy still needs to be confirmed by the Senate, but he has been a vocal critic of ultra-processed foods and promised to radically overhaul the country’s food system. Food dyes, pasteurized milk and seed oils are among the common items he has criticized, sometimes making health claims that are not backed up by science.

Though Newsom didn’t mention Kennedy, the Democratic governor of California is planting a preemptive flag around the issue and signaling his refusal to concede the terrain to the incoming Trump administration. His executive order included a long list of steps the state has taken to improve nutrition.

Processed foods are foods altered from their natural form, like frozen vegetables, whereas ultra — or highly —processed foods are foods that have been significantly altered from their natural state, like packaged chips or soft drinks. Ultra-processed foods make up the vast majority of the U.S. food supply, research shows.

The Golden State has indeed been a national leader in banning food additives, with Newsom signing a 2023 bill that made California the first state in the nation to prohibit four additives found in popular cereal, soda, candy and drinks.

The California Food Safety Act was colloquially referred to as the “Skittles ban” before its passage because an earlier version of the bill also targeted titanium dioxide, which is used to color Skittles and several other popular candies. But the final law was amended to remove reference to the substance, solely banning brominated vegetable oil, potassium bromate, propylparaben and red dye No. 3.

Last year, Newsom signed a separate bill into law that bars snack foods containing a number of synthetic food dyes from California public schools. That law will prevent popular snack foods like Flamin’ Hot Cheetos from being stocked in school vending machines or cafeterias when it goes into effect on Dec. 31, 2027.

Laws to protect students from sugary drinks go back decades: In 2009 California banned all K-12 schools from offering soda.

The governor’s order cites the link between “ultra-processed foods” and cancer, obesity, diabetes and other health problems. The order says the U.S. allows more than 10,000 chemicals in food, color additives, or ingredients, compared to 300 that are allowed in the European Union.

Newsom is requiring the California Department of Public Health to provide recommendations by April 1 to limit the harms associated with ultra-processed foods and food ingredients that pose a health risk, which may include warning labels. He tasked the Californa Department of Social Services to issue recommendations to reduce the purchase by California food-stamp users of soda, candy, other ultra-processed foods, or foods made with synthetic food dye or additives on the same timeline.

Among several health directives, his order also requires state agencies to identify areas to increase standards for healthy school meals and to investigate the negative health consequences of food dyes.

Ultra-processed foods will likely be at the forefront of the national discourse in the coming weeks as Kennedy prepares for his Senate confirmation hearing.

Kennedy, a prominent anti-vaccine activist, has promoted a number of false health claims and fringe conspiracy theories. But his positions against food additives have also brought support from unlikely bedfellows who have criticized other parts of his “Make America Healthy Again” agenda.

“Yes, there are some things that he supports that we would agree with, but they feel more like the stopped clock that’s right twice a day,” Dr. Peter Lurie, president and executive director of the Center for Science in the Public Interest, said in an earlier interview with The Times — citing food additives as one example.

Lurie characterized Kennedy’s potential appointment more broadly as a dangerous choice because of his inability “to discern the difference between good and bad science.”

The Food and Drug Administration — the agency perhaps most publicly in Kennedy’s crosshairs — could be significantly impacted by his leadership if he is confirmed by the Senate.

The agency, which falls under the the Department of Health and Human Services, has a massive purview, regulating about 77% of the U.S. food supply and overseeing the safety of nearly $4 trillion worth of food, tobacco and medical products, according to federal data.