On Monday, the Supreme Court of the United States introduced a new “Code of Conduct” amidst mounting pressure from Senate Judiciary Democrats advocating for enhanced ethics regulations for the highest court. This development follows a period of intense scrutiny and calls for greater transparency in the justices’ activities.
The new Code of Conduct, as explained in the announcement, is not a set of entirely new rules but rather a consolidation and clarification of existing ethical principles that have historically guided the Court. The code aims to address misunderstandings regarding the justices’ adherence to ethics rules and comprises five canons, including two new ones that seem to be responses to recent controversies involving Justices Samuel Alito, Clarence Thomas, and Sonia Sotomayor.
These new canons outline appropriate use of judicial chambers, resources, and staff, specifying that they should primarily support official functions. They also set guidelines for accepting reasonable compensation and reimbursement for expenses related to permitted activities, emphasizing the need to avoid any appearance of influence on official duties.
Moreover, the code reaffirms the justices’ commitment to complying with financial disclosure statutes. Behind the scenes, the Court has reportedly been engaged in private discussions for months on how to frame this new ethics code, balancing public concerns with maintaining the Court’s independence from congressional oversight.
The initiative has received public backing from Justices Elena Kagan, Brett Kavanaugh, and Amy Coney Barrett. In May, Chief Justice Roberts, representing all nine justices, acknowledged the necessity for the Court to maintain the highest ethical standards.
The move comes after Democratic members of the Senate Judiciary Committee exerted persistent pressure following reports about Justices Thomas and Alito receiving luxury vacations funded by friends. In response, Senator Lindsey Graham, a Republican, criticized the Democrats’ efforts as an attempt to undermine the legitimacy of the conservative-majority Supreme Court. Senator John Kennedy, another Republican, labeled the Democrat-proposed Supreme Court Ethics, Recusal, and Transparency (SCERT) Act as a “court-killing machine.”
With the Supreme Court’s new Code of Conduct now public, it remains uncertain whether Committee Democrats will continue to advocate for their proposed reforms.