Ethical Dilemmas Surrounding Supreme Court Justices’ Campus Visits

In recent years, the interactions between Supreme Court justices and donors during their visits to campuses have come under scrutiny, revealing a complex web of ethical dilemmas. These revelations shed light on the extent to which public colleges and universities view these visits as opportunities to generate donations and establish connections with influential donors, some of whom have vested interests before the court.

When Supreme Court Justice Clarence Thomas headlined a program at McLennan Community College in Texas in 2017, it was more than a speaking engagement. Working alongside prominent conservative lawyer Ken Starr, school officials carefully curated a guest list for a dinner hosted by a wealthy Texas businessman. The goal was to reward school patrons and entice prospective donors with the allure of an audience with Justice Thomas.

Similarly, when Justice Elena Kagan visited the University of Colorado’s law school in 2019, suggestions were made to ensure a “larger donor to staff ratio” for a dinner with her. Justice Sonia Sotomayor’s 2017 visit to Clemson University included invitations to donors who had contributed over a million dollars to the South Carolina college.

These interactions between justices and donors have raised concerns about the perceived exchange of access and influence. Lower court federal judges are prohibited from engaging in fundraising and political activity or lending the prestige of their judicial office to advance personal interests. However, the Supreme Court’s narrow definition of fundraising, which primarily considers events that raise more than they cost or explicitly request donations, does not address the issue of soliciting contributions after providing donors with special access.

The lack of a formal code of conduct for Supreme Court justices further complicates matters. Unlike lower court federal judges, who have clear guidelines governing their ethical behavior, Supreme Court justices are expected to adhere to a set of “ethics principles and practices.” This ambiguity has led to questions about the legitimacy of their actions.

The scrutiny surrounding these interactions comes at a challenging moment for the Supreme Court, as its integrity is questioned due to concerns about ethics abuses by justices and polarizing rulings. A 2022 survey indicated a 50-year low in public trust in the court.

In the absence of a formal code of conduct, the justices’ actions continue to be scrutinized, raising broader questions about transparency, accountability, and the potential impact of these interactions on the court’s impartiality. As the debate over ethics and influence surrounding campus visits by Supreme Court justices intensifies, it remains to be seen whether reforms or increased transparency will be implemented to address these ethical dilemmas.

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More about Supreme Court Ethics

• Supreme Court Justices’ Ethical Dilemmas
• Public Colleges and Supreme Court Visits
• Supreme Court’s Definition of Fundraising
• Lack of Formal Code of Conduct for Justices
• Supreme Court’s Integrity Under Scrutiny
• Consequences of Ethical Dilemmas