Topline
More than two dozen legal ethics scholars asked Supreme Court Chief Justice John Roberts Thursday to impose a code of conduct for the court’s judges, as the conservative-leaning court faces declining public trust and Justices Neil Gorsuch and Clarence Thomas spark new ethics concerns.
Supreme Court Justice Neil Gorsuch speaks to The Associated Press in his chambers at the Supreme … [+]
Key Facts
A code of conduct would help the Supreme Court “transparently address potential conflicts and other issues in a way that builds public trust in the institution,” the 25 scholars wrote in their letter to Roberts, which was released through activist group Fix the Court.
The scholars said their request wasn’t in response to any particular concern, and they “do not question the integrity of any justice,” but it comes amid concern about ethical conflicts.
Gorsuch will speak Friday evening at a conference in Walt Disney World for the conservative Federalist Society, drawing criticism because of the event’s overt political nature—other speakers include Florida Gov. Ron DeSantis, Vice President Mike Pence and Trump White House Press Secretary Kayleigh McEnany—and because it’s closed to the press.
Thomas’ wife, conservative lobbyist Ginni Thomas, sits on the board of a group that will soon appear before the Supreme Court to argue it should abolish universities’ affirmative action policies, sparking calls for the justice to recuse himself from the case.
New emails published Friday by watchdog group American Oversight also raised concern, as Ginni Thomas told DeSantis’ office her husband “has been in contact with [DeSantis] too on various things of late”—after Florida was one of the states behind a lawsuit the Supreme Court heard on the Biden Administration’s vaccine mandates.
The Supreme Court and DeSantis’ office have not yet responded to requests for comment.
Crucial Quote
“We believe that in the vast majority of cases, the justices have made the right call [when facing ethics challenges]
What We Don’t Know
It’s not clear what a Supreme Court code of conduct would look like, as the legal scholars did not specify any measures they’d like to see the justices impose and left it up to them to decide. Fix the Court, which distributed the letter, has pushed for policies on justices recusing themselves, and President Joe Biden’s commission on reforming the Supreme Court suggested creating formal processes for reviewing recusals and disciplining justices. The code would also likely be similar to the one in place for federal judges in the lower courts—which asks them to “avoid impropriety and the appearance of impropriety” and to refrain from any political activities—though the scholars and Roberts have both acknowledged the Supreme Court has some ethical considerations that code doesn’t “adequately answer.”
Chief Critic
“Speechless,” Sen. Sheldon Whitehouse (D-R.I.) wrote on Twitter Friday in response to Thomas’ reported communications with DeSantis. The senator, a frequent critic of the court’s ethical practices, previously said about Gorsuch’s Federalist Society speech, “Federalist Society Justice Gorsuch attending Federalist Society event surrounded by ‘MAGA elite’ — gee, what could possibly be wrong with that?”
Big Number
54%. That’s how many Americans hold a positive view of the Supreme Court as of January, a Pew Research poll found, down from 69% in August 2019 and among the lowest approval ratings the court has held in decades. The Pew results are in line with other polls showing declining public trust in the court, with a September Gallup poll finding the court’s approval rating had hit a record low of 40%.
Key Background
The legal scholars noted Justice Elena Kagan previously told Congress in 2019 the Supreme Court was “seriously” considering a code of conduct, but the court has not imposed one since. Public trust has deteriorated as the 6-3 conservative court has increasingly taken on major cases on political issues like abortion and voting rights, leading some members of the public to believe the court could be influenced by partisan politics. Justices have repeatedly spoken out in recent months to emphasize the court is not political, with Thomas criticizing the perception that justices “become like a politician” when they join the high court, and Justice Amy Coney Barrett insisting in a September speech the “court is not comprised of a bunch of partisan hacks.” The letter also comes as President Joe Biden prepares to nominate his first Supreme Court justice—a process some Republicans including Sen. Susan Collins (R-Maine) have already criticized for being too politicized because Biden committed to naming a Black woman to the role on the campaign trail more than a year ago.
Tangent
Members of Congress have also introduced legislation that would impose ethics regulations on the Supreme Court, but the scholars noted in their letter they’d prefer to see the court implement its own code to “avoid the weighty questions that might arise if Congress imposed one.” They also pointed to Roberts himself, who said in a year-end report on the federal judiciary in 2021 that the court system should “manage its internal affairs, both to promote informed administration and to ensure independence of the Branch.”
Further Reading
Two Dozen Legal Ethics Scholars Ask Chief Justice Roberts for an Ethics Code (Fix the Court)
Media barred from Justice Gorsuch talk to Federalist Society (Associated Press)
Is Ginni Thomas A Threat to the Supreme Court? (New Yorker)
Who has more influence on Supreme Court: Clarence Thomas or his activist wife? (The Guardian)
Gorsuch is scheduled to speak to the right-wing Federalist Society. Americans find such speeches inappropriate. (Washington Post)Crucial Quote:
“We believe that in the vast majority of cases, the justices have made the right call [when facing ethics challenges],” the scholars wrote. “But at a time when public institutions are redoubling their efforts to improve the public’s trust, we maintain that a formal, written Code, offering a uniform set of principles that justices and the public alike would look to for guidance, would benefit the Court and the nation.”
What We Don’t Know:
It’s not clear what a Supreme Court code of conduct would look like, as the legal scholars did not specify any measures they’d like to see the justices impose and left it up to them to decide. Fix the Court, which distributed the letter, has pushed for policies on justices recusing themselves, and President Joe Biden’s commission on reforming the Supreme Court suggested creating formal processes for reviewing recusals and disciplining justices. The code would also likely be similar to the one in place for federal judges in the lower courts—which asks them to “avoid impropriety and the appearance of impropriety” and to refrain from any political activities—though the scholars and Roberts have both acknowledged the Supreme Court has some ethical considerations that code doesn’t “adequately answer.”
Chief Critic:
“Speechless,” Sen. Sheldon Whitehouse (D-R.I.) wrote on Twitter Friday in response to Thomas’ reported communications with DeSantis. The senator, a frequent critic of the court’s ethical practices, previously said about Gorsuch’s Federalist Society speech, “Federalist Society Justice Gorsuch attending Federalist Society event surrounded by ‘MAGA elite’ — gee, what could possibly be wrong with that?”
Big Number:
54%. That’s how many Americans hold a positive view of the Supreme Court as of January, a Pew Research poll found, down from 69% in August 2019 and among the lowest approval ratings the court has held in decades. The Pew results are in line with other polls showing declining public trust in the court, with a September Gallup poll finding the court’s approval rating had hit a record low of 40%.
Key Background:
The legal scholars noted Justice Elena Kagan previously told Congress in 2019 the Supreme Court was “seriously” considering a code of conduct, but the court has not imposed one since. Public trust has deteriorated as the 6-3 conservative court has increasingly taken on major cases on political issues like abortion and voting rights, leading some members of the public to believe the court could be influenced by partisan politics. Justices have repeatedly spoken out in recent months to emphasize the court is not political, with Thomas criticizing the perception that justices “become like a politician” when they join the high court, and Justice Amy Coney Barrett insisting in a September speech the “court is not comprised of a bunch of partisan hacks.” The letter also comes as President Joe Biden prepares to nominate his first Supreme Court justice—a process some Republicans including Sen. Susan Collins (R-Maine) have already criticized for being too politicized because Biden committed to naming a Black woman to the role on the campaign trail more than a year ago.
Tangent:
Members of Congress have also introduced legislation that would impose ethics regulations on the Supreme Court, but the scholars noted in their letter they’d prefer to see the court implement its own code to “avoid the weighty questions that might arise if Congress imposed one.” They also pointed to Roberts himself, who said in a year-end report on the federal judiciary in 2021 that the court system should “manage its internal affairs, both to promote informed administration and to ensure independence of the Branch.”
Further Reading:
Two Dozen Legal Ethics Scholars Ask Chief Justice Roberts for an Ethics Code (Fix the Court)
Media barred from Justice Gorsuch talk to Federalist Society (Associated Press)
Is Ginni Thomas A Threat to the Supreme Court? (New Yorker)
Who has more influence on Supreme Court: Clarence Thomas or his activist wife? (The Guardian)
Gorsuch is scheduled to speak to the right-wing Federalist Society. Americans find such speeches inappropriate. (Washington Post)
Source: https://www.forbes.com/sites/alisondurkee/2022/02/04/legal-scholars-push-for-supreme-court-ethics-code-as-gorsuch-and-thomas-come-under-fire/