Democrats Push for Binding Ethics Code for U.S. Supreme Court, Faces Republican Opposition
WASHINGTON, July 20 (Reuters) – In a move to address ethics concerns within the U.S. Supreme Court, Democrats are advocating for legislation that would require a binding ethics code for the justices. This comes after revelations that some conservative justices failed to disclose luxury trips and real estate transactions. A Senate panel is scheduled to vote on the measure, but Republican opposition may hinder its chances of success, even if approved by the Judiciary Committee.
Senator Dick Durbin, the committee’s Democratic chairman, highlighted the power held by Supreme Court justices and emphasized the need for basic ethical standards. “They are the most powerful judges in America,” Durbin stated. “And yet they are not required to follow even the most basic ethical standards.”
The bill, introduced by Democratic Senator Sheldon Whitehouse, imposes new requirements for financial disclosures and recusal from cases in which a justice may have a conflict of interest. It also mandates the adoption of a code of conduct and the establishment of a mechanism to investigate alleged violations.
Senate Majority Leader Chuck Schumer expressed support for the legislation, arguing that upholding high ethical standards for Supreme Court justices should not be a partisan matter. He asserted that both sides should work towards maintaining the public’s trust in the justice system.
However, some Republicans have portrayed the ethics reform push as a partisan effort to tarnish the conservative-leaning court. Senator Lindsey Graham, the committee’s top Republican, argued that the bill seeks to destroy a conservative court.
Unlike other federal judges, the Supreme Court justices are not bound by a code of conduct. They are subject to disclosure laws requiring the reporting of outside income and certain gifts, but some personal hospitality, such as lodging at an individual’s residence, is exempted. Additionally, the justices have the discretion to decide whether to recuse themselves from cases involving potential conflicts of interest.
Although the legislation would need bipartisan support to advance on the Senate floor, its chances of success appear slim given the Republican majority in the House of Representatives.
Recent reporting by ProPublica highlighted ties between conservative Justice Clarence Thomas and a billionaire Republican donor, as well as conservative Justice Samuel Alito’s failure to disclose a private flight provided by a hedge fund manager. Politico also reported that conservative Justice Neil Gorsuch did not disclose a property in which he had a stake, purchased by the chief executive of a major law firm. Liberal Justice Sonia Sotomayor’s aides were also reported to have promoted sales of her books in connection with her speaking engagements.
Republican committee members have argued that the court should establish its own rules and have questioned the authority of lawmakers to impose ethics standards on the judiciary under the U.S. Constitution’s division of powers.
The legislation faces an uphill battle and is unlikely to pass in the Senate without significant Republican support. The matter of ethics within the Supreme Court continues to be a contentious issue, with both sides offering differing views on the best approach to ensure ethical conduct by the justices.
Reporting by John Kruzel; Editing by Will Dunham