The Supreme Court says it is adopting a code of ethics for the first time

The United States Supreme Court has taken a significant step by adopting its inaugural code of ethics in response to mounting criticism surrounding undisclosed trips and gifts received by some of the justices from affluent benefactors. This long-anticipated policy was officially issued by the court on Monday. The justices had previously hinted at the possibility of establishing an ethics code during their private conference last Thursday.

In an unsigned statement, the justices emphasized that they have always upheld ethical standards, but the absence of a formal code had created misunderstandings. They asserted that, unlike other jurists in the country, they were not exempt from ethical rules. To dispel these misconceptions, they have now introduced this code, which primarily codifies principles that have long governed their conduct.

This development comes after months of scrutiny and controversies surrounding the ethical conduct of certain justices. Justice Clarence Thomas faced particular scrutiny for failing to disclose his ties to wealthy conservative donors, including Harlan Crow and the Koch brothers. Justices Samuel Alito and Sonia Sotomayor also faced inquiries.

Notably, Justices Amy Coney Barrett, Elena Kagan, and Brett Kavanaugh had expressed their support for an ethics code in recent months. Chief Justice John Roberts had earlier acknowledged the need for the court to adhere to the highest ethical standards without specifying the actions to be taken.

Public trust and approval of the Supreme Court have reached near-record lows, as indicated by a recent Gallup Poll conducted just before the start of the court’s new term on October 2nd. Senator Dick Durbin, the chairman of the Senate Judiciary Committee, had suggested that the justices could address some of the criticism by establishing their own ethics policy, thereby potentially preempting a Democratic push to impose an ethics code on the court.

The proposed ethics code seeks to enhance transparency by requiring justices to disclose more information about potential conflicts of interest. It would establish impartial panels of judges to review cases where justices choose not to recuse themselves and mandate public, written explanations for such decisions. Additionally, the code aims to improve transparency regarding gifts received by justices and establish procedures for investigating and enforcing violations related to required disclosures.

The push for an ethics code gained momentum from investigative reports by ProPublica, which shed light on the relationship between Justice Thomas and Harlan Crow, including vacations, property transactions, and educational support provided over the years. Similar reports also highlighted Justice Alito’s fishing trip and Justice Sotomayor’s book sales.

While the court’s initial efforts to address ethics concerns in the spring did not fully address the critics’ concerns, this new ethics code represents a more comprehensive attempt to address these issues. It remains to be seen how this code will impact public perception and trust in the Supreme Court and whether it will address the ongoing ethical debates surrounding the institution.

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More about Supreme Court Ethics

• Supreme Court Issues First Ethics Code
• Gallup Poll on Public Trust in the Supreme Court
• ProPublica Investigative Reports
• Senator Dick Durbin’s Role in the Push for Ethics Code