D21 Applauds Senate Judiciary Committee Members Who Voted To Advance Supreme Court Code Of Ethics Measure; Urges Full Senate To Pass Legislation
Statement of D21 President Fred Wertheimer “It is inexplicable and indefensible that the Supreme Court has failed to adopt the same kind of ethics code that applies to every other part of our government.”
On Thursday afternoon, the Senate Judiciary Committee advanced the Supreme Court Ethics, Recusal, and Transparency Act (S. 359) by a Democratic party-line vote of 11-10. Democracy 21 applauds the tenacious and longstanding leadership of Senator Sheldon Whitehouse (D-RI) who sponsored this important legislation. We also applaud the Democratic Committee members who voted for it today. We urge the Senate to pass this legislation when it comes to the floor. Similarly, we urge House Speaker Kevin McCarthy and House Republicans to support this urgently needed measure. Because, creating a strong ethics code for the Supreme Court is not a partisan issue. It is inexplicable and indefensible that the Supreme Court has failed to adopt the same kind of ethics code that applies to every other part of our government. This failure to establish rules to govern their conduct represents arrogance and disrespect for the American people on the part of the Justices. S. 359 would require Supreme Court Justices to adopt a code of conduct to govern their actions, strengthen the disclosure laws applicable to their financial activities, and create a means for investigating whether violations of the Code have occurred.The legislation would improve transparency at the Court, allowing the public to identify potential conflicts of interest. These steps and others in the bill can help improve public trust in our nation’s highest court. The need for an ethics code for the Justices was starkly demonstrated by recent revelations from ProPublica on the unsavory financial relationship between Justice Clarence Thomas and billionaire real estate developer Harlan Crow, and the financial benefits provided to Justice Samuel Alito by billionaire hedge fund manager Paul Singer. An investigation by Associated Press published last week revealed the additional ethical concerns that can be raised when Justices participate in events and fundraisers. If ever the Justices needed evidence that it was time to adopt an ethics code, these examples are proof positive. Nevertheless, the Justices, led by Chief Justice John Roberts, have refused to move away from their stubborn resistance to change. This resistance to cleaning up their act is no doubt a key factor in the approval ratings of the Court sinking to all-time lows. The Supreme Court needs public confidence and credibility if it is to properly play its role in our constitutional system.Ethics rules exist for executive branch officials, elected officeholders, and lower court judges to protect against both improper conduct and the appearance of such conduct. These rules must also apply to Supreme Court Justices. The Justices, who have refused to act, have left Congress no choice. It is essential for Congress to enact the Supreme Court Ethics, Recusal, and Transparency Act.
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