Members of Congress reintroduced legislation Thursday that would create an ethics code for the Supreme Court, increasing pressure on a court that has faced criticism over leaks and conflicts of interest.
The congressional action comes after the American Bar Association on Monday adopted a resolution calling on the Supreme Court to adopt a code of judicial conduct similar to what judges in lower courts follow.
“The absence of a clear and binding code of conduct for the Court’s judges undermines the Court’s legitimacy,” the ABA wrote.
The senator cited the role of Justice Clarence Thomas’ wife, Ginni Thomas, in the uprising on January 6, 2021, as well as the leaked draft opinion in Dobbs v. Women’s Health Organization. Jackson overturned Roe v. Wade in June 2022, and “Regarding credible reports” that Justice Samuel Alito was involved in leaking information, are the reasons why the judiciary’s legitimacy is under threat and reforms are needed.
In addition to high-profile examples, judges “also filed inaccurate financial disclosures, attended partisan events, and accepted travel and lodging paid for by political advocacy organizations with business before the court,” Senator Chris Murphy (D-Conn.) and others. wrote in the press release for the Supreme Court Ethics Act.
Rep. Hank Johnson (D-Ga.) introduced again The Supreme Court Ethics, Recusal, and Transparency Act is companion legislation in the House of Representatives.
“The Supreme Court is one of the most important institutions in the country, so people are shocked to learn that there is no code of conduct for the Supreme Court, even though there are federal judges and other members of Congress,” said Rep. Jerrold Nadler (DN.Y.), the top Democrat on the House Judiciary Committee, in a press release.
This is not the first time the court has come under scrutiny over the issue. Justice Elena Kagan said at a House budget hearing in 2019 that Chief Justice John Roberts is studying the possibility of an ethics code and that there are “pros and cons,” but “we are seriously considering it.”
The issue remains under review and consideration by the court, The New York Times and CNN reported Thursday, citing anonymous court sources. HuffPost has reached out to the Supreme Court for comment.
In 2011, Roberts wrote that the Supreme Court was unique and refused to enforce a code of conduct.
“All Members of the Court actually consult the Code of Conduct
establishing ethical obligations,” he wrote, saying that the code for lower court judges is one of the tools that judges use for guidance.
He also said that Supreme Court judges are considering recusing themselves from cases, but unlike lower courts, there are no higher courts to review their decisions, and there are no other judges to fill because there are only nine judges.
Brian Fallon of Demand Justice, a group that seeks to reform the Supreme Court, told MSNBC that Senate legislation reauthorizing judges to follow a code of conduct for lower courts is “at least feasible,” but the Supreme Court won’t do it.
“Because they think they should be above reproach, they will not give up power to external entities or officials to enforce the code of conduct,” he said.