Pressure Mounts on Supreme Court to Adopt a Code of Ethics for Itself

February 13, 2023 by Tom Ramstack
Pressure Mounts on Supreme Court to Adopt a Code of Ethics for Itself
A crowd gathers outside the U.S. Supreme Court. (Photo by Dan McCue)

WASHINGTON — Political pressure is mounting on the U.S. Supreme Court to adopt a code of ethics for itself similar to the one that binds all other federal courts.

In a move last week, members of Congress reintroduced a bill that could compel a code of ethics for Supreme Court justices. A similar measure failed last year but lawmakers say this time growing public support gives it a better chance.

Lawmakers have complained the justices allow their own political views to influence rulings and get away with conflicts of interest that might bind others. 

Last year’s Dobbs v. Jackson Women’s Health Organization decision that outlawed a federal right to abortion enraged many liberals about being too politicized.

“Every federal judge is bound by a code of ethics, except for the nine who sit on the highest court in the country,” said Sen. Chris Murphy, D-Conn. “Trust in the Supreme Court is at a historic low because the American people see justices hide their conflicts of interest and openly engage in political behavior.”

Murphy introduced the bill, called the Supreme Court Ethics Act, in the Senate. If Congress approves it, the legislation would require the U.S. Judicial Conference to issue a code of conduct for the Supreme Court. The Judicial Conference oversees ethics and management of federal courts.

Other provisions would appoint an Ethics Investigations Counsel to set up a process for the public to report unethical conduct by the justices and to launch independent investigations.

The legislation also would require the justices to recuse themselves when cases present a conflict of interest for them. They would need to publicly disclose the conflicts.

Other support for reform comes from the American Bar Association, where its 591-member House of Delegates last week approved a resolution calling for a Supreme Court code of ethics.

The resolution went further by recommending that federal, state, local and territorial bar associations “adopt their own resolutions urging the Supreme Court of the United States to adopt a code of judicial ethics.”

In addition to the resolution, the American Bar Association said in a statement that “the absence of a clearly articulated, binding code of ethics for the justices of the court imperils the legitimacy of the court.”

Until recently, the Supreme Court has evaded a code of ethics by claiming a need for independence as it fulfills its unique role of deciding constitutional issues. The justices are concerned a code of ethics might be overly restrictive in their job duties.

They say they try to voluntarily comply with the same ethics rules as other federal judges by filing annual financial disclosure forms, such as on outside income, gifts and travel paid by other persons.

The justices acknowledge they are working behind the scenes to craft a code but have not been able to reach complete agreement on it.

Justice Elena Kagan told a House appropriations subcommittee in 2019, “It’s something that is being thought very seriously about.”

The issue gained momentum a year later when Virginia “Ginni” Thomas, wife of Justice Clarence Thomas, played a role in challenging the 2020 presidential election vote count while her husband considered cases on the subject. Ginni Thomas was a supporter of Donald Trump.

Chief Justice John Roberts addressed calls for a Supreme Court code of ethics in a 2011 end-of-year report on the court’s activities.

He said the nine justices already follow the code of ethics of other federal courts but acknowledged their efforts were voluntary.

Roberts said that if the code of ethics became mandatory, it could violate the Constitution’s separation of powers.

Enforcing a code of ethics on the Supreme Court could cause more conflicts than it resolves, Roberts wrote.

If the court did try to police its own ethics, “it would create an undesirable situation in which the court could affect the outcome of a case by selecting who among its members may participate,” Roberts wrote.

The legal research outlet Bloomberg Law reported Monday that Supreme Court justices recused themselves from about 3% of the appeals the court handled since 2018.

Among the 750 recusals, few of the justices listed the reasons they removed themselves from the cases. The Bloomberg Law review showed that personal financial interests and previous cases in which they represented a party were the most common reasons for recusal.

You can reach us at [email protected] and follow us on Facebook and Twitter

A+
a-
  • ethics
  • Supreme Court
  • In The News

    Health

    Voting

    Supreme Court

    Five Takeaways From the Abortion Pill Case Before US Supreme Court

    WASHINGTON (AP) — U.S. Supreme Court justices on Tuesday did not appear ready to limit access to the abortion pill mifepristone,... Read More

    WASHINGTON (AP) — U.S. Supreme Court justices on Tuesday did not appear ready to limit access to the abortion pill mifepristone, in a case that could have far-reaching implications for millions of American women and for scores of drugs regulated by the Food and Drug Administration. It's... Read More

    March 26, 2024
    by Tom Ramstack
    Supreme Court Skeptical of Ban on Abortion Pill Mifepristone

    WASHINGTON — A hearing Tuesday before the Supreme Court indicated a majority of the justices want to maintain women’s access... Read More

    WASHINGTON — A hearing Tuesday before the Supreme Court indicated a majority of the justices want to maintain women’s access to the abortion pill mifepristone despite objections from anti-abortion activists. The doctors and organizations who sued argued the Food and Drug Administration was wrong in granting... Read More

    March 19, 2024
    by Dan McCue
    Supreme Court Gives Texas Green Light to Deport Illegal Immigrants

    WASHINGTON — A divided Supreme Court on Tuesday allowed Texas to begin enforcing a state law that effectively allows officials... Read More

    WASHINGTON — A divided Supreme Court on Tuesday allowed Texas to begin enforcing a state law that effectively allows officials to deport undocumented immigrants, despite objections from the Biden administration, which argued only the federal government has authority over immigration issues. In an unsigned order, the... Read More

    A Supreme Court Ruling in a Social Media Case Could Set Standards for Free Speech in the Digital Age

    WASHINGTON (AP) — In a busy term that could set standards for free speech in the digital age, the Supreme... Read More

    WASHINGTON (AP) — In a busy term that could set standards for free speech in the digital age, the Supreme Court on Monday is taking up a dispute between Republican-led states and the Biden administration over how far the federal government can go to combat controversial social... Read More

    March 4, 2024
    by Dan McCue
    Justices Rule Trump Can Stay on Colorado Ballot

    WASHINGTON — In a unanimous decision, the Supreme Court ruled Monday that former President Donald Trump may remain on Colorado’s... Read More

    WASHINGTON — In a unanimous decision, the Supreme Court ruled Monday that former President Donald Trump may remain on Colorado’s primary ballot, rejecting a challenge to his eligibility based on a section of the 14th Amendment that bars those who have “engaged in insurrection” from holding... Read More

    About as Many Abortions Happening in US Monthly as Before Roe Was Overturned, Report Finds

    The number of abortions performed each month is about the same as before the U.S. Supreme Court overturned Roe v. Wade and... Read More

    The number of abortions performed each month is about the same as before the U.S. Supreme Court overturned Roe v. Wade and the nationwide right to abortion more than a year and a half ago, a new report finds. The latest edition of the #WeCount report conducted for... Read More

    News From The Well
    scroll top