On Monday, the Supreme Court announced the implementation of a new “Code of Conduct,” a development following months of intense examination by Senate Judiciary Democrats who have been advocating for updated ethics laws for the nation’s highest court.
The Justices of the Court have introduced this code to clearly outline and consolidate the ethical rules and principles that govern their conduct. The announcement clarifies that while many of these rules are not new, stemming from a variety of sources like statutory provisions and the federal judiciary’s code, their formalization into a code is a response to misconceptions about the Justices’ adherence to ethics rules.
The newly established Code includes five “canons,” two of which appear to be direct responses to recent controversies involving Justices Samuel Alito, Clarence Thomas, and Sonia Sotomayor. These include guidelines regarding travel arrangements funded by others and the use of Court staff for personal projects like book promotions.
The code emphasizes that Justices should limit the use of judicial chambers, resources, or staff to activities that support official functions or are permitted under these Canons. It also provides guidelines on accepting compensation and reimbursement for permitted activities, ensuring that such transactions do not influence or appear to influence official duties.
Additionally, the Code reaffirms the Justices’ commitment to comply with financial disclosure statutes.
This initiative comes after private discussions within the Court on how to establish a new ethics code that addresses public concerns while maintaining the Court’s independence, especially from congressional oversight. This effort has been supported by Justices Elena Kagan, Brett Kavanaugh, and Amy Coney Barrett.
Chief Justice Roberts, in a statement supported by all nine Justices, acknowledged the need for the Court to adhere to the highest ethical standards. This move comes amidst pressure from Senate Judiciary Committee Democrats, particularly following reports about Justices Thomas and Alito accepting luxury vacations funded by friends.
Senator Lindsey Graham, R-S.C., accused Democrats of attempting to undermine the legitimacy of the conservative-majority Supreme Court, while Republican Senator John Kennedy, R-La., criticized the Democrat-sponsored Supreme Court Ethics, Recusal, and Transparency (SCERT) Act as dangerous and insincere.
It remains to be seen if Committee Democrats will persist with their reform efforts in light of the Supreme Court’s recent announcement.