Senate Democrats Push Ethics Code for SCOTUS

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Facts

  • The Democrat-controlled Senate Judiciary Committee is set to debate and vote on Sen. Sheldon Whitehouse’s (D-R.I.) proposed law that would impose a binding ethics code and new financial disclosure and case recusal requirements on the US Supreme Court (SCOTUS).1
  • Thursday’s vote comes over a week after Whitehouse and Judiciary Committee Chairman Dick Durbin (D-Ill.) announced the bill that would give the court 180 days to adopt a code of conduct and allow a panel of lower court judges to review public ethics complaints.2
  • The push of Democratic lawmakers for a binding ethics code comes as conservative justices have been criticized for not disclosing travel and lodging accommodations they have received from wealthy acquaintances, which Democrats say could pose a conflict of interest.1
  • While the nine Supreme Court Justices aren’t subject to a binding code of conduct, they are subject to the same disclosure laws that most high-level officials are. They must report outside income and certain gifts, but food and “personal hospitality” are exempted.1
  • The bill — called the Supreme Court Ethics, Recusal, and Transparency Act — has 25 Democratic co-sponsors but is unlikely to pass the Republican-majority House. Critics say it's a tactic to disqualify justices from cases and restructure the court without resorting to the extreme of court-packing.3
  • While Democrats say SCOTUS justices should be held to the same standard as other federal judges, Republicans argue that the court must remain independent from the other branches of government and say Democrats are attacking the court due to its conservative skew and voting record.1

Sources: 1Reuters, 2NBC, and 3National Review.

Narratives

  • Democratic narrative, as provided by Brennan Center for Justice. Not only does Congress have the authority to regulate Supreme Court ethics, but it also must ensure that justice is not perverted by a rogue court whose justices have a clear proclivity for corruption. Multiple reports have revealed a long list of gifts and accommodations given to conservative justices by right-wing billionaires, yet there's no rule demanding the justices disclose these potential conflicts of interest. SCOTUS' integrity is at an all-time low as radical conservatives erode the rights of women and people of color, which is why we need this law.
  • Republican narrative, as provided by The Daily Signal. Democrats have been trying to delegitimize SCOTUS ever since Donald Trump nominated his first justice, and the liberal establishment even incited abuse and attacks on justices and their families. The corporate media has been trying to gin up controversy about conservative justices going on trips with wealthy friends to sway public opinion and allow their leftist friends to impose new laws to diminish the court’s power. This is a political game, and Democrats are desperate for revenge against a court that dares to rule against the left’s woke social agenda.

Predictions