SCOTUS Releases New Code of Conduct

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Facts

  • The US Supreme Court on Monday revealed its first formal code of conduct, following scrutiny concerning the ethics of behavior by justices on America's highest court.1
  • In a statement released with the code, the nine justices claimed that the purpose of the document was to 'dispel' the 'misunderstanding' that members of SCOTUS' bench are 'unrestricted by any ethics rules.'2
  • The 14-page document contains five canons of conduct, asking judges to uphold 'integrity and independence,” avoid “impropriety” and the 'appearance of impropriety,' perform duties “fairly, impartially, and diligently,” engage in extrajudicial activities “consistent with the obligations” of the office, and “refrain from political activity.”3
  • Until Monday, all federal judges bar SCOTUS justices had been held to a code of conduct since 1973. SCOTUS' new code, however, lacks an enforcement mechanism, and so justices must voluntarily adhere to its rules.4
  • SCOTUS had faced pressure to implement a code of conduct following a ProPublica report that Justice Clarence Thomas hadn't disclosed several travel arrangements, vacations, and purchases from Republican Donor Harlan Crow. A three-page ethics statement was also released in April this year.5
  • A further ProPublica report also found Justice Samuel Alito to be the recipient of an unreported private jet trip from GOP donor Paul Singer in 2008. Both justices deny the necessity for their actions to have been disclosed at the time.6

Sources: 1VOA, 2Associated Press, 3CNBC, 4BBC News, 5CBS and 6Politico.

Narratives

  • Democratic narrative, as provided by The Nation. There's no reason to celebrate the Supreme Court's self-imposed code of ethics. A lack of an enforcement mechanism — leaving judges to decide whether they have violated their own rules –—means that, in reality, nothing has changed. Language by the justices accusing America of 'misunderstanding' what many view as clear cases of public corruption portrays arrogance, and pressure must continue to be applied in order for real reform to occur.
  • Republican narrative, as provided by The Federalist. SCOTUS reforms will never be able to go far enough to appease the left, which has launched a sustained campaign to undermine the court's every move and diminish its power. In an effort to delegitimize the nation's highest court, Democrats and their media allies have been trying to gin up controversy about conservative justices who dare to rule against their woke social agenda. Caving to their outlandish demands will only further incentivize them.

Predictions