The Supreme Court has a new code of conduct
Image: Erin Schaff/Getty
On Monday, the Supreme Court formally adopted its first-ever code of conduct, becoming the last court in the federal judiciary to do so.
The move follows a series of media reports in recent months describing previously undisclosed benefits received by several members of the Court:
- Justice Clarence Thomas had an undisclosed relationship with billionaire Harlan Crow in which Crow paid for near-annual vacations for 20+ years, purchased from Thomas and others the home in which the Justice’s mother still lives, and helped pay private-school tuition for Thomas’ relative, per a series of ProPublica investigations.
- Justice Neil Gorsuch didn’t disclose the name of a buyer who purchased a home Gorsuch partially owned in 2017, who was then later involved in at least 22 cases before or presented to the Court, according to Politico.
- Justice Sonya Sotomayor has routinely used taxpayer-funded employees to perform tasks for her private book ventures, which collectively earned her $3.7+ million since joining the Court in 2009, per the AP.
- Justice Samuel Alito failed to disclose a 2008 private jet flight provided by billionaire hedge fund founder Paul Singer, whose firm came before the Court at least 10 times in the years following Alito’s trip, ProPublica reported.
That brings us to this week: In a statement, the nine Justices said many of the rules in the code aren’t new, but rather a formal codification of "common law" ethics rules which have always applied to the Court.
- The code explicitly prevents Justices from knowingly using the prestige of their office to "advance the private interests of the Justice or others," and blocks them from giving others "the impression that they are in a special position to influence the Justice."
- It also bans the Court’s members from speaking at events sponsored by or associated with a political party or campaign.
✋ Yes, but… Many critics say the Court’s new code appears to fall short of what’s needed, since it fails to provide any penalties for ethical violations, and also doesn’t include any oversight board or other mechanisms to investigate and enforce possible violations.
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Sprinkles from the Left
- Some commentators argue the Court’s new code represents a substantial symbolic act of public accountability for a powerful institution that’s designed to be insulated from public pressure.
- Others contend that the Court’s approach to codifying ethical behavior is seriously flawed, since it continues to leave it up to each Justice to decide whether to be recused in a particular case or to enforce violations.
- “Supreme Court’s new ethics code is a bigger deal than the critics claim” –WaPo Editorial Board
- “The Supreme Court finally has a code of ethics, but it has a fatal flaw” –Erwin Chemerinsky, LA Times
- “We Waited 200 Years for This Supreme Court Ethics Code?” –Jesse Wegman, NY Times
Sprinkles from the Right
- Some commentators argue the Court’s new code of ethics is a good policy on its merits and preserves the impartiality of Justices, but it’s unlikely to placate partisan critics on the left who aren’t operating in good faith regarding this situation.
- Others contend that the Court should be applauded for publishing rules restating and refining their ethical obligations, but instead will be criticized by a well-financed campaign to paint the conservative justices (and only them) as unethical.
- “The Supreme Court’s New Ethics Code” –WSJ Editorial Board
- “The Supreme Court’s New Ethics Code Rebukes Its Critics” –Dan McLaughlin, National Review
- “Justice Barrett makes sense in supporting an ethics code” –Quin Hillyer, Washington Examiner
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