Majority of U.S. adults oppose Congress enforcing ethics code on Supreme Court, poll shows

A new poll shows that the majority of Americans say Congress enforcing a code of ethics on the Supreme Court would threaten the judiciary’s independence.

First Liberty Institute, a conservative Christian legal advocacy group, commissioned the survey, which was conducted Aug. 12-15 by Mason-Dixon Polling & Strategy. Of the 1,100 adults surveyed, 57% said that Congress having the power to create and enforce ethics on the high court would infringe on judicial independence.

The poll also showed that 59% oppose packing the court, or adding justices to the bench.

But 52% said they oppose lifetime appointments to the Supreme Court, as specified by the Constitution.

“Americans clearly understand that the independence of the judiciary is critical to their freedoms and that politically motivated so-called ‘reform’ threatens judicial independence,” said First Liberty President Kelly Shackelford.

“Any attempted power grab by Congress to control the Supreme Court would put all our freedoms in jeopardy. Despite the relentless attacks by the left, Americans want Congress to mind its own business and leave the courts alone,” Mr. Shackelford added.

The survey’s margin of error is plus or minus 3 percentage points at the 95% confidence level. Its results come after President Biden suggested imposing an ethics code on the court and requiring the justices serve an 18-year term limit.

Mr. Biden in July announced his proposed changes, which were endorsed by Vice President Kamala Harris, the Democratic presidential nominee.

With Republicans in control of the House, it’s unlikely Congress would pass either proposal.

But Mr. Biden and Ms. Harris hope to tap into their base’s frustration with the 6-3 conservative majority on the bench, cemented by former President Donald Trump, the Republican nominee who appointed three of the nine justices currently on the court.

As president, Mr. Biden convened a commission to study the Supreme Court and potentially expand it by adding more liberal justices to the court to counter the current 6-3 conservative majority.

The final report issued at the end of 2021 revealed disagreement about whether Mr. Biden should move to expand the court, but the legal scholars suggested there may be some approval for an 18-year term limit for the justices.

The Constitution says a justice, appointed by the president and confirmed by the Senate, “shall hold their Offices during good Behaviour.” This means a justice may serve for life subject to impeachment.

Historically, efforts to expand the court and add more justices have failed. In 1937, President Franklin D. Roosevelt tried to add justices to the court but was unsuccessful.

The Supreme Court has had nine justices since 1869. Before that, it fluctuated in membership from 5 to 10 justices. The Constitution does not set a number of justices for the high court.