The credibility of the Supreme Court has rarely been more precarious, with repeated ethics scandals calling the justices’ judgment and ability to follow—much less interpret—the law into question.

Justice Clarence Thomas’s frequent undisclosed luxury travel and unreported loans, and Justice Samuel Alito’s failure to recuse from January 6th-related cases despite flags associated with the insurrection and the “Stop the Steal” movement flying at his houses, has attracted public outrage. Other justices have also faced scrutiny for their financial ties and recusal choices, contributing to the Court’s crisis of legitimacy. 

Bowing to public pressure, in 2023 the Supreme Court took the unprecedented step of issuing a Code of Conduct signed by each of the nine justices. But the Code leaves much to be desired. Though the Code affirms that the justices comply with federal recusal law, it also provides only that a justice “should” recuse where their impartiality could reasonably be questioned. And critically, it leaves out an enforcement mechanism to ensure that justices follow the Code, which includes recusing from cases as necessary. 

Unsurprisingly, since the Court issued this non-binding Code of Conduct we’ve already seen some justices seem to flout the rules. And because the Code does not require the justices to explain why they recuse (or do not recuse) from a case, in the October 2024 term only two justices have publicly noted the reason for any recusal, with the six other justices who have recused from a case this term leaving the public to guess why.

There are many ways that Congress can and should shore up the Court’s legitimacy, including by establishing an enforcement mechanism for the Court’s Code of Conduct, or by passing widely supported reforms such as term limits for the justices. But if the Supreme Court is serious about rebuilding public trust, the justices must implement a binding Code of Conduct now.

Until these reforms are adopted, CREW will be tracking the justices’ conduct and public statements on ethics reforms. The American people deserve a court that is accountable to them.

wdt_ID Justice Has publicly supported additional SCOTUS ethics reform Has proactively disclosed reason for recusal during October 2024 term Statements on SCOTUS ethics reform Links
1 John G. Roberts No public comment No “I want to assure people that I am committed to making certain that we as a court adhere to the highest standards of conduct. We are continuing to look at things we can do to give practical effect to that commitment.” Read more
2 Clarence Thomas No public comment No No public comment despite years of calls for his recusal from January 6th related cases and public reporting of numerous ethics scandals.
3 Samuel A. Alito No public comment No Justice Alito pushed back against ethics reform in the Wall Street Journal, saying "No provision in the Constitution gives [Congress] the authority to regulate the Supreme Court—period." Read more
4 Sonia Sotomayor No public comment N/A "At issue fundamentally is that judges, lawyers, all professionals must, on their own, abide by the highest standards of conduct. . . . Personally, one must act in a way in cases to ensure that you’re acting consistent with your sense of meeting the highest standards of the profession." Watch clip
5 Elena Kagan Yes Yes "However hard it is, we could and should figure out a mechanism for doing this. . . . If the Chief Justice appointed some sort of committee of highly respected judges with a great deal of experience, with a reputation for fairness, that seems like a good solution to me." Watch clip
6 Neil M. Gorsuch No public comment No "I have no problem living under the rules" that apply to lower court judges. Watch clip
7 Brett M. Kavanaugh No public comment No "'[The Supreme Court] is an institution of law and not of politics, not of partisanship,' Kavanaugh said of the court, adding that the key to judging is to be 'consistent in your principles regardless of who the parties are in the particular case.'” Read more
8 Amy Coney Barrett No public comment No "We want to continue to follow the highest ethical standards." Read more
9 Ketanji Brown Jackson Open to enforcement mechanism Yes "A binding code of ethics is pretty standard for judges. And so I guess the question is, 'Is the Supreme Court any different?' And I guess I have not seen a persuasive reason as to why the court is different than the other courts." Read more
Justice Has publicly supported additional SCOTUS ethics reform Has proactively disclosed reason for recusal during October 2024 term Statements on SCOTUS ethics reform Links

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