Supreme Court Justices Apply New Ethics Code Differently; News week, April 9, 2024

 Khaleda Rahman, Newsweek; Supreme Court Justices Apply New Ethics Code Differently

"Supreme Court justices are divided along political lines over whether or not to explain their recusals, and legal experts are very concerned."

The Supreme Court’s Self-Excusing Ethics Code; The New Yorker, November 21, 2023

Jeannie Suk Gersen , The New Yorker; The Supreme Court’s Self-Excusing Ethics Code

"Last week, the Supreme Court issued a first-ever code of conduct for Justices. It is not a set of rules designed to redress past ethical breaches and prevent future ones but rather a defense brief arguing that there have been no ethical breaches to redress and prevent."

Why the Supreme Court’s wasted time on ethics may cost it; CNN, November 1, 2023

Joan Biskupic, CNN; Why the Supreme Court’s wasted time on ethics may cost it

"Supreme Court justices, who have infinite power over American lives, have continually resisted calls for greater accountability in a formal code of conduct.

Some justices recently signaled that they might be ready to adopt a binding ethics code. But their record of inaction reflects the difficulty of compromise among the nine and suggests any real change may not come at their own hand.

The delay has had consequences.

Senate Judiciary Committee Democrats plan to authorize subpoenas for three wealthy conservatives, including real estate magnate Harlan Crow, who has provided luxury travel and other gifts to Justice Clarence Thomas."

New Clarence Thomas ethics questions about forgiveness on luxury RV loan; NPR, October 25, 2023

 Nina Totenberg, NPR; New Clarence Thomas ethics questions about forgiveness on luxury RV loan

"The drip, drip, drip of new ethics questions about Supreme Court Justice Clarence Thomas's ethics continued Wednesday. Senate Finance Committee Chairman Ron Wyden, D-Ore., disclosed that documents turned over to the committee indicate that Thomas benefitted by having some or all of a $267,000 loan forgiven in order to purchase a luxury RV."

Justice Barrett Calls for Supreme Court to Adopt an Ethics Code; The New York Times, October 16, 2023

Abbie VanSickle, The New York Times; Justice Barrett Calls for Supreme Court to Adopt an Ethics Code

"Justice Amy Coney Barrett said on Monday that she favored an ethics code for the Supreme Court, joining the growing chorus of justices who have publicly backed adopting such rules.

“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 are doing in a clearer way,” she said during a wide-ranging conversation at the University of Minnesota Law School with Robert Stein, a longtime law professor and the former chief operating officer of the American Bar Association."

Clarence Thomas' recusal on 'frivolous' January 6 appeal is a 'low-stakes' opportunity for him to fight ethics allegations, Supreme Court expert says; Insider, October 2, 2023

Erin Snodgrass , Insider ; Clarence Thomas' recusal on 'frivolous' January 6 appeal is a 'low-stakes' opportunity for him to fight ethics allegations, Supreme Court expert says

"His apparent about-face on Monday suggests the increased scrutiny over his ethical conduct may be having a tangible effect on his judicial career, Scott Lemieux, a professor of political science at the University of Washington and an expert in constitutional law, told Insider.

"The fact that he didn't recuse himself in previous cases involving the 2020 election makes it hard to imagine these recent stories aren't playing a role here," he told Insider...

Regardless of his reasons, Thomas ultimately did the right thing in recusing himself from the Eastman appeal, Lemieux said.

"The justices have to be convinced if they do unethical things, it will hurt the legitimacy of the Supreme Court," he said."

Faith in the Supreme Court is down. Voters now say they want changes.; Politico, September 30, 2023

 STEVEN SHEPARD, Politico; Faith in the Supreme Court is down. Voters now say they want changes.

"In addition to the 75 percent of voters — a bipartisan consensus of 81 percent of Democrats, 72 percent of Republicans and 69 percent of independents — who support a binding ethics code, roughly two-thirds of voters support term limits for the justices (68 percent). A similar percentage (67 percent) say the court should televise oral arguments, while 66 percent believe there should be an age limit for the justices. A smaller majority, 60 percent, think there should be an equal number of Democrats, Republicans and independents on the high court."

For Supreme Court, ethics have become the elephant in the courtroom; The Washington Post, October 1, 2023

Robert Barnes

 and 

Ann E. Marimow

, The Washington Post; For Supreme Court, ethics have become the elephant in the courtroom

"Some of the issues and political stalemates that haunt the Supreme Court are returning for the term that begins Monday, accompanied by another concern: how to convince the public that the justices take seriously their ethical obligations."

Justice Kagan Calls for the Supreme Court to Adopt an Ethics Code; The New York Times, September 22, 2023

Adam Liptak, The New York Times;  Justice Kagan Calls for the Supreme Court to Adopt an Ethics Code

"Justice Elena Kagan said on Friday that the Supreme Court should adopt a code of ethics, saying that “it would be a good thing for the court to do that.”

Her comment, part of a wide-ranging live-streamed public interview at Notre Dame Law School, came on the day ProPublica reported that Justice Clarence Thomas had twice attended an annual event for donors organized by the conservative political network established by the billionaire industrialists Charles and David Koch.

Justice Kagan did not discuss the report, but she said that an ethics code “would, I think, go far in persuading other people that we were adhering to the highest standards of conduct.” She added that “I hope we can make progress.”"

Clarence Thomas Secretly Participated in Koch Network Donor Events; ProPublica, September 22, 2023

 Joshua Kaplan, Justin Elliott  Alex Mierjeski, ProPublica ; Clarence Thomas Secretly Participated in Koch Network Donor Events

"The code of conduct for the federal judiciary lays out rules designed to preserve judges’ impartiality and independence, which it calls “indispensable to justice in our society.” The code specifically prohibits both political activity and participation in fundraising. Judges are advised, for instance, not to “associate themselves” with any group “publicly identified with controversial legal, social, or political positions.”

But the code of conduct only applies to the lower courts. At the Supreme Court, justices decide what’s appropriate for themselves.

“I can’t imagine — it takes my breath away, frankly — that he would go to a Koch network event for donors,” said John E. Jones III, a retired federal judge appointed by President George W. Bush. Jones said that if he had gone to a Koch summit as a district court judge, “I’d have gotten a letter that would’ve commenced a disciplinary proceeding.”

“What you’re seeing is a slow creep toward unethical behavior. Do it if you can get away with it,” Jones said."

The Supreme Court’s Growing Ethics Splits; The New Republic, September 12, 2023

Matt Ford, The New Republic; The Supreme Court’s Growing Ethics Splits

"A notable split is developing among the Supreme Court justices over the prospect of ethics reform, with two of the court’s nine members openly hostile to the reporting on ethics concerns...

In theory, eight of the justices could collectively decide to strip another justice of their vote in the most extreme circumstances. The Supreme Court took that extraordinary step just once in its history, when the other eight justices secretly agreed in 1975 to punt any case in which Justice William O. Douglas cast a deciding vote to the following term instead of handing down a ruling. Douglas, who was 76 years old at the time, was partially paralyzed by a series of strokes and refused to retire despite—or perhaps because of—his deteriorating mental condition, forcing the court’s hand. (He eventually stepped down that November.) Beyond that exceptional collective step, however, the individual justices have no ability to substantively check one another...

To that end, it’s not clear yet whether these public remarks fully reflect the stances that the justices are taking when talking amongst themselves. (As you may have gathered from a head count of the justices mentioned, not all of them have spoken publicly about it yet.) If this is the way the winds are blowing, however, then Thomas and Alito might find themselves in an uncomfortable position. It would be awkward, to say the least, for the two justices who’ve received the most scrutiny to be the ones most resistant to reform."

Justice Kavanaugh says ethics changes may be coming to Supreme Court; The Washington Post, September 7, 2023

Robert Barnes, The Washington Post ; Justice Kavanaugh says ethics changes may be coming to Supreme Court

"Justice Brett M. Kavanaugh said Thursday that he is “hopeful” the Supreme Court soon will take specific steps to deal with ethics issues at the court and boost public confidence in the institution.

Kavanaugh made the comments while speaking at a conference of judges and lawyers, after he was asked by Judge Stephanie Dawkins Davis of the U.S. Court of Appeals for the 6th Circuit about “perceived ethics issues” at the high court."

As Clarence Thomas faces record unpopularity, Americans want an ethics code for the Supreme Court; CNN, September 3, 2023

 Harry Enten, CNN; As Clarence Thomas faces record unpopularity, Americans want an ethics code for the Supreme Court

"But there is no significant partisan gap when it comes to whether there should be a formal ethics code for the high court justices.

A UMass Amherst poll conducted a few months ago (after Thomas’ trips financed by Crow first came to light) asked whether the Supreme Court should have a formal code of ethics like other federal courts.

About 90% of Americans said it should. Only about 10% said it should not...

In fact, north of 80% of every subgroup polled in the UMass survey said that the Supreme Court should have a formal ethics code. This includes 96% of Democrats and 84% of Republicans."

Clarence Thomas Acknowledges Undisclosed Real Estate Deal With Harlan Crow and Discloses Private Jet Flights; ProPublica, August 31, 2023

 Joshua Kaplan, Justin Elliott and Alex Mierjeski, ProPublica; Clarence Thomas Acknowledges Undisclosed Real Estate Deal With Harlan Crow and Discloses Private Jet Flights

"Supreme Court Justice Clarence Thomas for the first time acknowledged that he should have reported selling real estate to billionaire political donor Harlan Crow in 2014, a transaction revealed by ProPublica earlier this year. Writing in his annual financial disclosure form, Thomas said that he “inadvertently failed to realize” that the deal needed to be publicly disclosed...

In a statement Thursday, an attorney for Thomas, Elliot Berke, said that “after reviewing Justice Thomas’s records, I am confident there has been no willful ethics transgression, and any prior reporting errors were strictly inadvertent.”"

Two Justices Clash on Congress’s Power Over Supreme Court Ethics; The New York Times, August 26, 2023

Adam Liptak , The New York Times; Two Justices Clash on Congress’s Power Over Supreme Court Ethics

"Congress has enacted laws that apply to the justices, including ones on financial disclosures and recusal. In a way, the most telling ethics legislation came from the first Congress, in 1789, requiring all federal judges, including Supreme Court justices, to take an oath promising “that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me.""

Clarence Thomas’ 38 Vacations: The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel; ProPublica, August 10, 2023

 Brett Murphy and Alex Mierjeski, ProPublica; Clarence Thomas’ 38 Vacations: The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel

"This accounting of Thomas’ travel, revealed for the first time here from an array of previously unavailable information, is the fullest to date of the generosity that has regularly afforded Thomas a lifestyle far beyond what his income could provide. And it is almost certainly an undercount.

While some of the hospitality, such as stays in personal homes, may not have required disclosure, Thomas appears to have violated the law by failing to disclose flights, yacht cruises and expensive sports tickets, according to ethics experts.

Perhaps even more significant, the pattern exposes consistent violations of judicial norms, experts, including seven current and former federal judges appointed by both parties, told ProPublica. “In my career I don’t remember ever seeing this degree of largesse given to anybody,” said Jeremy Fogel, a former federal judge who served for years on the judicial committee that reviews judges’ financial disclosures. “I think it’s unprecedented.”"

Clarence Thomas’ 38 Vacations: The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel

Justice Elena Kagan pushes for US Supreme Court to adopt own ethics code; The Oregonian, August 3, 2023

 Maxine Bernstein, The Oregonian; Justice Elena Kagan pushes for US Supreme Court to adopt own ethics code

"U.S. Supreme Court Justice Elena Kagan on Thursday said she hopes the nation’s high court will adopt its own code of ethics and that the nine justices are in discussions about doing so with a wide variety of opinions.

Unlike Justice Samuel Alito, who said last week that Congress lacks the power to impose an ethics code on the Supreme Court, Kagan countered that it does.

Yet she said she believes Congress has its limits...

Kagan said she’s hopeful the Supreme Court will adopt its own code of conduct and take the question about what Congress can or cannot do “out of play.”

“It’s not a secret for me to say we have been discussing this issue,” she said. “The nine of us have a variety of views about that.”"

No, Justice Alito. Congress should not butt out on Supreme Court ethics.; The Washington Post, July 30, 2023

Ruth Marcus , The Washington Post; No, Justice Alito. Congress should not butt out on Supreme Court ethics.

"Since 1948, Congress has required federal judges — including Supreme Court justices — to recuse themselves from deciding cases in which their “impartiality might reasonably be questioned.” Is that unconstitutional? Since 1978, it has required federal judges — including justices — to file financial disclosure forms. Is that unconstitutional? (The justices, including Alito, say they voluntarilyfollow those rules.) Since 1989, it has imposed strict limits on outside income and gifts for federal judges — including justices. Is that unconstitutional? Just last year, Congress amended the ethics rules to mandate that federal judges — including justices — promptly disclose their stock transactions. Is that unconstitutional?

Why would it be? The Alito argument, such as it is, proves too much. It would mean that Congress could not make it a crime for justices to accept bribes. And why would Congress have power to impose ethics rules on the executive branch but not on the judiciary — or are those unconstitutional, too?

We don’t want Congress punishing the court for issuing decisions with which lawmakers disagree. Respect for the separation of powers and the independence of the judiciary counsels caution in this area. But it does not dictate hands off, no matter what Alito might wish."

The Supreme Court’s excuses for ethics violations insult our intelligence; The Hill, July 25, 2023

 STEVEN LUBET, The Hill; The Supreme Court’s excuses for ethics violations insult our intelligence

"The three justices’ hollow rationalizations display a patronizing expectation that the public will ultimately buy whatever they say, no matter how implausible. 

But to paraphrase the late Justice Robert Jackson: Supreme Court justices do not get the last word because they are infallible; they only believe themselves infallible because they get the last word. When it comes to judicial ethics, that has to change."

Editorial: The Supreme Court has ignored ethics oversight. Time for Congress to act; Los Angeles Times, July 20, 2023

THE TIMES EDITORIAL BOARD , Los Angeles Times; Editorial: The Supreme Court has ignored ethics oversight. Time for Congress to act

"Congress must begin the process of enacting reforms that the court itself has refused to undertake."