Supreme Court Justice Amy Coney Barrett Calls for Formal Code of Conduct
Supreme Court Justice Amy Coney Barrett has expressed her support for the adoption of a formal code of conduct by the nation’s highest court. This comes in response to multiple reports alleging ethical shortcomings among the justices.
Justice Barrett made these remarks on October 16 while speaking at the University of Minnesota Law School. It is worth noting that Senate Democrats recently advanced the Supreme Court Ethics, Recusal, and Transparency Act (SCERT) of 2023, a bill that would require a binding ethics code for the Supreme Court.
When asked about her stance on a formal code of conduct for Supreme Court Justices and the potential benefits it could bring, Justice Barrett responded, “I think it would be a good idea for us to do it, particularly so that we can communicate to the public exactly what it is that we’re doing—and in a clearer way than perhaps we have been able to do so far.”
However, Justice Barrett emphasized that the nine justices already adhere to the highest ethical standards possible.
“I will say this, there is no lack of consensus among the justices—there is unanimity among all nine justices—that we should and do hold ourselves to the highest standards, highest ethical standards possible,” she said.
Justice Barrett also acknowledged that an ethics reform code would likely focus on “how best to express what it is that we are already doing.” She mentioned that the justices already comply with various statutes applicable to all judges, such as filing financial disclosure forms.
Personally, Justice Barrett follows the formal canons of conduct that applied to her when she served as an appeals court judge, as she revealed to the audience.
Justices of the U.S. Supreme Court pose for their official photo at the Supreme Court in Washington on Oct. 7, 2022. (Front L–R) Justices Sonia Sotomayor and Clarence Thomas, Chief Justice John Roberts, Justices Samuel Alito and Justice Elena Kagan. (Back L–R) Justices Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson. (Olivier Douliery/AFP via Getty Images)
Justices ’Committed to Highest Standards’
While Justice Barrett did not provide a specific timeline for when the Supreme Court might establish its own ethics code, she emphasized that the justices remain “very committed to the highest standards of ethical conduct.”
Justice Barrett’s remarks come in the wake of reports regarding Justice Clarence Thomas’s alleged failure to disclose gifts he received from conservative billionaire Harlan Crow.
Justice Thomas filed a disclosure form on August 31 with the Committee on Financial Disclosure of the Administrative Office of the United States, detailing the previously undisclosed gifts from Mr. Crow, who is also a close friend.
The form indicates that Mr. Crow, a Republican Party donor, paid for private jet trips for Justice Thomas, including one where he vacationed at a friend’s New York estate.
In response to criticism over his initial failure to disclose the gift, Justice Thomas stated that he has “always sought to comply with the disclosure guidelines” and did not disclose the gift earlier because he was advised that it “did not have business before the Court, was not reportable.”
Protester Nadine Seiler holds up a banner during an abortion protest near the home of Justice Clarence Thomas on May 11, 2023. (Joseph Lord/The Epoch Times)
Abortion Protests Taint Speech
Justice Thomas has pledged to disclose all necessary information moving forward.
However, other Supreme Court justices, including Justice Samuel Alito, have also faced scrutiny for alleged ethical issues, such as failing to disclose various paid-for trips, including one to Alaska in 2008.
Similar to Justice Thomas, Justice Alito has defended his actions by stating that it was not customary to disclose such trips in annual financial statements.
Nevertheless, he has also committed to enhancing public transparency going forward. In April, all the justices issued a statement (pdf) reaffirming their dedication to “foundational ethics principles and practices” as members of the highest court in the land.
While Justice Barrett avoided controversial topics during her speech at the University of Minnesota Law School, her appearance was marred by protests from abortion supporters. At one point, they unfurled a banner and chanted, “Not the court, not the state, people must decide their fate” from a balcony.
The protesters, seemingly responding to the Supreme Court’s decision to overturn Roe v. Wade last year, were later escorted off the premises by the police, although no arrests were made, as reported by The Associated Press.
What potential benefits would a binding ethics code bring to ensure the actions and decisions of justices are held to a set standard of ethics?
Justice Amy Coney Barrett of the Supreme Court has voiced her support for the implementation of a formal code of conduct for the highest court in the nation. This endorsement comes in the wake of several reports alleging ethical issues among the justices.
Justice Barrett made these comments during her speech at the University of Minnesota Law School on October 16. It is noteworthy that Senate Democrats have recently moved forward with the Supreme Court Ethics, Recusal, and Transparency Act (SCERT) of 2023, a bill that aims to enforce a binding ethics code for the Supreme Court.
When asked about her stance on a formal code of conduct for Supreme Court Justices and the potential benefits it could bring, Justice Barrett replied, “I think it would be a good idea for us to do it, particularly so that we can communicate to the public exactly what it is that we’re doing—and in a clearer way than perhaps we have been able to do so far.”
The proposition of a formal code of conduct for the Supreme Court is significant because it would ensure that the actions and decisions of the justices are held to a set standard of ethics. It would provide guidelines and regulations to govern their behavior and engagements both inside and outside the courtroom.
By having a formal code of conduct, the Supreme Court could establish a framework for maintaining integrity and impartiality, two qualities that are essential in upholding the trust of the American people. Transparency is crucial in any judicial system, and such a code would allow the public to have a better understanding of the principles and values that guide the Supreme Court.
Furthermore, a formal code of conduct would also address and prevent potential conflicts of interest and ensure that justices recuse themselves from cases in which they may have personal or financial ties. This would enhance the public’s confidence in the fairness and impartiality of the court’s decisions.
While the Supreme Court has long operated with a set of ethical guidelines, they are not currently binding. The adoption of a formal code of conduct would strengthen the judicial system’s commitment to integrity, accountability, and transparency.
However, implementing a code of conduct is not without its challenges. Determining the specific rules and regulations to include will require careful consideration and potentially involve debates and disagreements among the justices themselves. It is crucial to strike a balance between providing a comprehensive code and allowing for judicial discretion.
In conclusion, Justice Amy Coney Barrett’s support for a formal code of conduct for the Supreme Court highlights the need for ethical accountability and transparency in the nation’s highest court. The adoption of such a code would enhance public trust, ensure impartiality, and strengthen the integrity of the judicial system. As the conversation surrounding this issue continues, it is essential for all stakeholders to engage in constructive dialogue to shape a code that reflects the values and expectations of the American people.
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