https://www.msnbc.com/opinion/msnbc-opinion/alito-supreme-court-ethics-scandal-vacation-rcna90819
And in any event, the free travel to Alaska had to be disclosed. Alito invokes the “empty seat theory” to say he hitched a ride on Singer’s plane that was headed to Alaska anyway, that it didn’t cost Singer anything additional, and thus was not a gift that needed to be disclosed. This is utter nonsense, of course. In ethics meetings my staff and I also discussed and poked fun of the empty seat theory. No American who is not a Supreme Court justice (or perhaps an ethically challenged governor) can just hitch a ride on a billionaire’s private plane. Try using the empty seat theory to board a plane or a cruise ship without a ticket and see what happens.
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