Senate Democrats plan to advance a bill enforcing a binding ethics code for the Supreme Court, despite Republican opposition.
The Senate Judiciary Committee to Debate Bill Imposing Ethics Code for Supreme Court
The Senate Judiciary Committee is set to discuss and vote on a bill supported by Senate Democrats that would establish a binding ethics code for the Supreme Court. The bill, introduced by Sen. Sheldon Whitehouse (D-RI), aims to introduce new requirements for financial disclosures and recusal in cases where a justice may have a conflicting interest.
Concerns Over Justices’ Conduct
The hearing, scheduled for 9:30 a.m., follows recent reports revealing that some Republican-appointed justices failed to disclose trips funded by wealthy GOP donors and undisclosed real estate transactions. Sen. Dick Durbin (D-IL), the committee chairman, expressed his concerns about the conduct of the justices outside the courtroom, stating, “Just about every week now, we learn something new and deeply troubling about the Justices serving on the Supreme Court—the highest court in the land in the United States—and their conduct outside the courtroom.”
He further emphasized the potential consequences for members of the Senate if they were to engage in similar conduct, saying, “Let me tell you, if I or any member of the Senate failed to report an all-expense paid luxury getaway or if we used our government staff to help sell books we wrote, we’d be in big trouble.”
Symbolic Hearing Ahead of 2024 Election
While Republican committee members are expected to oppose the bill, the hearing is seen as more symbolic, with Democrats likely using the opportunity to advance their agenda ahead of the 2024 election. The increased criticisms of the 6-3 Republican-appointed supermajority on the Supreme Court have prompted Democrats to take action.
“It’s not gonna get 60 votes in the Senate and certainly isn’t going to pass the House because the Republicans say they see this a backdoor attack on the court’s jurisprudence with the six conservatives,” said Russell Wheeler, a governance studies expert with the Brookings Institution.
Republicans’ Concerns and Proposed Alternatives
Some Senate Judiciary Committee Republicans argue that the ethics reform push is an attempt by liberals to undermine the court and believe that the justices should establish their own policies. Sen. Lindsey Graham (R-SC) acknowledged the effort to discredit the court by his colleagues across the aisle but also encouraged the Supreme Court to take action to restore public confidence.
Republicans, including Sens. John Kennedy (LA), Marsha Blackburn (TN), Chuck Grassley (IA), Thom Tillis (NC), and Ted Cruz (TX), expressed their opposition to Whitehouse’s bill, stating that it is unlikely to pass the Senate or the House.
When asked about Chief Justice John Roberts’ role in addressing the court’s issues, Graham emphasized that the decision should be left to Roberts. Roberts declined an invitation to testify at a previous hearing, citing the importance of preserving judicial independence.
Whitehouse’s Bill and Potential Changes
Whitehouse’s bill would require the Supreme Court to adopt a code of conduct and establish a mechanism to investigate alleged violations. The Supreme Court has previously shown interest in ethics changes, with Justice Elena Kagan mentioning in 2019 that Roberts was considering a code of ethics.
According to governance studies expert Russell Wheeler, if the justices took the initiative to draft a code of ethics, it could help address some of the criticism. However, there may be some holdouts on the court, such as Justices Samuel Alito or Clarence Thomas, who have been the focus of Democrats’ complaints regarding their disclosures.
Wheeler also noted that some members of the court may be hesitant to adopt an ethics code at this time to avoid the perception of pandering to the media or the Democrats.
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