The 6-3 conservative leaning court has seen its public approval rating plummet in recent years amid ethics controversies and as the public has viewed the court as becoming too political, adding to the scrutiny of the court and ramping up cries for justices to avoid conflicts of interest.
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The Washington Post reported in February the court has been actively discussing imposing a code of ethics for at least four years, but still hasn’t been able to impose one or decided if they will. The Supreme Court’s lack of an ethics code has become a growing source of controversy in recent years, and Justice Elena Kagan testified to Congress in 2019 that the issue was “something that’s being thought very seriously about” at the court. In his statement declining the Senate Judiciary Committee’s call to testify, Roberts attached a “Statement of Ethics and Principles” signed by the nine justices, which said they voluntarily subscribe to ethical principles, like disclosing conflicts of interest. The Supreme Court’s justices have defended their lack of a binding ethics code by maintaining they voluntarily follow the one for lower federal judges. That raises the possibility that the bipartisan bill could face legal challenges if it passes. Luttig and legal expert Laurence Tribe said in statements to the committee that while they believe Congress has the authority to impose a code of ethics on the court, they took issue with bills-such as King and Murkowski’s-that force the Supreme Court to come up with its own code of ethics, believing that could raise legal issues with the separation of powers. Michael Luttig, a retired federal judge known to be conservative-leaning, said in a statement submitted to lawmakers ahead of Tuesday’s hearing.
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“To whatever extent the Court does not subject itself to the highest possible professional and ethical standards-or only grudgingly does so-to an even greater extent does it depreciate not only its power to preserve, protect, and defend the institution of the Supreme Court, it also depreciates its power to preserve, protect, and defend the Constitution of the United States,” J. The bills all face long odds of passing a divided Congress, given the GOP’s majority in the House and Democrats’ narrow majority in the Senate, though the Murkowski-King bill likely has the best chances of making it through. Lisa Murkowski (R-Alaska) and Angus King (I-Maine). Sheldon Whitehouse (D-R.I.) and Chris Murphy (D-Conn.) and a more bipartisan bill sponsored by Sens. Lawmakers have introduced three bills so far that would impose ethics restrictions on the Supreme Court, including bills introduced by Democratic Sens. Tuesday’s hearing will include testimony from legal experts, including lawyers and former judges and prosecutors invited by both Democratic and Republican senators on the committee. Conservative-leaning justices including Gorsuch and Justice Brett Kavanaugh have also raised eyebrows for attending events and socializing with right-wing politicians and figures, with Gorsuch appearing last year at a closed-press event for the Federalist Society alongside GOP politicians and Kavanaugh attending a holiday party hosted by the head of the Conservative Political Action Coalition (CPAC).
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