IN-DEPTH: Democrats’ Push to Impose Ethics Code on Supreme Court Won’t Work, Legal Experts Say

Senate Democrats are on a mission to impose a code of conduct on the Supreme Court and get Chief Justice John Roberts to testify in Congress about Supreme Court ethics policies. But legal experts have warned that their efforts are fraught with problems, according to The Epoch Times.

The Democrats’ anger and indignation were sparked by an April 6 article by ProPublica, a left-wing nonprofit funded in part by Democratic Party donor George Soros. The article revealed that Republican donor Harlan Crow has been treating his friend, Supreme Court Justice Clarence Thomas, to luxurious vacations for years. Thomas said he was advised that he didn’t have to report the trips but said he will follow new reporting requirements imposed on the federal judiciary. Days later, it was reported that Thomas sold his mother’s home to Crow but failed to disclose the transaction, as the Ethics in Government Act of 1978 is said to require. 

Democrats have said Thomas’s acceptance of his friend’s largesse is evidence of corruption by itself, even if Crow has had no legal business pending before the Supreme Court, an argument rejected by legal experts consulted by The Epoch Times. Legal experts also say the fact that the Supreme Court was created by the Constitution, not Congress, means that only the Supreme Court can regulate the Supreme Court.

Despite this, Senate Democrats are pushing ahead with their plans. Sen. Ron Wyden (D-Ore.) has asked for a complete list of gifts Crow has made to Thomas, and Sen. Dick Durbin (D-Ill.) has invited Roberts to appear before his committee to discuss the judicial ethics of Thomas. Some Democratic lawmakers have even suggested using the appropriations process to compel the Supreme Court to enforce ethics and disclosure rules.

But veteran Supreme Court observer Curt Levey, president of the conservative Committee for Justice, has warned that these efforts are unlikely to succeed. He said that if Durbin were to subpoena Roberts or another Supreme Court justice, it would set off a legal battle over separation of powers, which would likely be decided in favor of the Supreme Court.

Despite the challenges, Senate Democrats are determined to pursue their agenda. But as legal experts have warned, their efforts may be constitutionally dubious and ultimately unsuccessful.