The Story

SCOTUS ethics are under the microscope. 

Fill me in.

On Tuesday, the Senate Judiciary Committee will hold a hearing focused on the court’s ethical rules and potential changes to them. It comes after a “steady stream of revelations” involving some of the justices. Yes, that includes Justice Clarence Thomas taking luxury vacations financed by GOP megadonor Harlan Crow. But it also includes Thomas’s failure to report that he and his family sold three properties to Crow, too. And there’s the fact that Justice Neil Gorsuch didn’t disclose who bought a vacation property he co-owned. (Spoiler: It was the chief executive of a law firm that frequently has business before the court.) All of which has reignited conversations about the court’s code of ethics...or lack thereof. 

Wait, really?

Yup. Unlike every other state and federal court in the country, SCOTUS isn’t bound by a clear code of conduct — which, reminder, is a set of ethical standards aimed at keeping justices fair and honest. While a bipartisan group of court experts have previously said it’s “not obvious” why the Supremes are exempt from formal ethical standards, Chief Justice John Roberts has argued that SCOTUS can’t be bound to the same rules as the lower courts because of its “unique circumstances.” And he’s said enforcement could be difficult. Instead, justices are free to comply with the same ethical guidelines that apply to other federal judges, if they choose to. Which they say they do.

So what’s happening?

Last week, Senators Angus King (I-ME) and Lisa Murkowski (R-AK) introduced a bipartisan bill that would require SCOTUS to establish an ethics code and appoint an official to review potential conflicts and public complaints. It’s the latest in a string of similar efforts by lawmakers — some of which could come up in the hearing this week. Notably absent from the hearing will be Roberts. And any other justice, for that matter. In a letter to the committee, Roberts declined to voluntarily testify because it could threaten “judicial independence.” He also attached a statement signed by all nine justices referencing standards for travel, gifts, and outside income, as well as stressing their commitment to ethics principles. But critics called the letter “tone deaf” and “nothing new.” Democratic senators have asked Roberts to provide additional details by tomorrow, but TBD if he will.