Two senators have introduced a bipartisan bill to enforce a code of conduct on the Supreme Court, saying it could restore public confidence in the institution.
Sen. Angus King, a Maine independent who caucuses with the Democrats, told reporters the bill is “pro-Supreme Court” because it allows the justices to create their own code of ethics.
He said recent polls show a loss of faith in the institution and guidelines would enhance public perception following revelations about Justice Clarence Thomas not disclosing luxury trips with a GOP megadonor.
“It’s an effort to shore up the credibility of the Supreme Court in the public mind,” Mr. King said. “Something like this, I think, will help restore confidence.”
A Marquette Law School poll last month showed a steady decline in the approval of the high court’s work in recent years, falling from 66% of respondents approving of the job the justices were doing in 2022 to 44% last month.
Sen. Lisa Murkowski, Alaska Republican, is introducing the Supreme Court Code of Conduct Act with Mr. King.
“The American public’s confidence in the Supreme Court is at an all-time low. Americans have made clear their concerns with the transparency — or lack thereof — coming from the Supreme Court and its justices,” said Ms. Murkowski.
The bill would require the justices to implement a code of ethics that’s available to the public within one year of the legislation being enacted, and the court would have to appoint someone to review potential conflicts.
Currently, justices are not bound by a code like lower court judges. The lack of ethical requirements has become a sticking point for the left, as news broke in recent weeks about Justice Thomas’ lack of disclosure about his friendship with real estate developer Harlan Crow.
Senate Democrats asked Chief Justice John G. Roberts Jr. to probe Justice Thomas’ lavish trips with Mr. Crow and to testify before the Senate Judiciary Committee.
Chief Justice Roberts declined to testify but said the high court has followed various rules to avoid conflicts.
They file financial disclosures that are reviewed by the Judicial Conference Committee on Financial Disclosure and follow what lower courts do with recusals, he said. But he noted that it’s a bit flexible, given the composition of the high court.
“A recusal consideration uniquely present for Justices is the impairment of a full court in the event that one or more members withdraws from a case. Lower courts can freely substitute one district or circuit judge for another,” the chief justice’s statement read.
Sen. Richard J. Durbin, Illinois Democrat and Senate Judiciary Committee chairman, sent a letter to Chief Justice Roberts last week, asking him — or another justice he designates — to join a May 2 hearing about legislation to establish a code of conduct for the high court.
The committee also sent the chief justice a letter this month asking him to probe Justice Thomas’ gifts and travel after ProPublica reported that he accepted lavish trips from Mr. Crow.
Justice Thomas was forced to defend his more than 25-year relationship with Mr. Crow, saying the court signed off on their families’ vacations together.
“Harlan and Kathy Crow are among our dearest friends, and we have been friends for over 25 years. As friends do, we have joined them on a number of family trips during the more than a quarter-century we have known them,” Justice Thomas said in a statement released Friday by the Supreme Court.
“Early in my tenure at the court, I sought guidance from my colleagues and others in the judiciary and was advised that this sort of personal hospitality from close personal friends, who did not have business before the court, was not reportable,” he added.
In March, the Judicial Conference adopted new rules requiring federal judges — including Supreme Court justices — to disclose gifts and trips paid for by third parties.
The ProPublica article said Justice Thomas failed to disclose his past luxury vacations, including a trip to Indonesia that cost an estimated $500,000.
The allegations prompted liberals to issue renewed calls for Justice Thomas to resign. He has been a top target of the left since his confirmation hearings in 1991.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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