Justice Alito says Congress lacks the power to impose an ethics code on the Supreme Court

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Justice Samuel Alito expressed his firm belief that Congress does not possess the authority to enforce an ethics code on the Supreme Court. He became the first member of the court to publicly oppose the proposals in Congress aimed at strengthening ethics regulations for justices, which came in response to increased scrutiny of their activities beyond their judicial duties.

Alito made his views known during an interview with the Wall Street Journal opinion pages in early July, and the account of the interview was published later in the same month. In his opinion, there is no constitutional provision that grants Congress the power to regulate the Supreme Court, and he stands by this position despite its controversial nature.

Notably, Democrats recently managed to push through Supreme Court ethics legislation in a Senate committee, but its prospects in the full Senate seem uncertain.

Unlike other federal judges, who are bound by an ethics code developed by the federal judiciary, the Supreme Court, as the only federal court established by the Constitution, operates beyond the reach of such standards.

The push for enhanced ethics rules gained momentum following reports by ProPublica, including one revealing Justice Clarence Thomas’s involvement in extravagant vacations and a real estate deal with a prominent Republican donor. Chief Justice John Roberts’ refusal to testify before the committee about the court’s ethics further fueled the Democrats’ efforts.

Justice Alito also faced scrutiny after ProPublica disclosed his luxury vacation in Alaska with a Republican donor who had business interests before the court. However, he rejected the notion that he should have disclosed the trip or recused himself from cases involving the donor.

While no other justice has been as definitive as Alito in opposing ethics legislation, Chief Justice Roberts had previously raised questions about Congress’ authority to oversee the Supreme Court.

Despite the mounting pressure, the justices have not yet adopted an ethics code on their own, though Roberts did acknowledge the court’s potential to uphold the highest ethical standards without providing specifics.

In the Wall Street Journal column co-written by James Taranto and David Rivkin, Alito defends himself against the allegations, emphasizing that judges and justices usually refrain from responding to their critics. The column also highlights that Leonard Leo, a former leader of the conservative legal group The Federalist Society, assisted in arranging Alito’s trip to Alaska and is represented by Rivkin, who also contends that Congress imposing an ethics code for the Supreme Court would face constitutional challenges.

The column includes details from interviews conducted with Alito by Taranto and Rivkin in April and July, shedding light on the justice’s perspective and responses to the ethics-related matters.

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More about ethics code

• Wall Street Journal – Justice Alito’s Interview
• ProPublica – Justice Clarence Thomas’ Activities Beyond Bench
• ProPublica – Justice Alito’s Alaska Vacation with Donor
• The Federalist Society
• Senate Judiciary Committee
• Chief Justice John Roberts’ Year-End Reports