Clarence Thomas revelations prompt bipartisan Senate bill to require a Supreme Court code of conduct
After several high-profile controversies involving Supreme Court justices, two senators are introducing legislation that would require the high court to create a code of conduct.
Sens. Angus King, I-Maine, and Lisa Murkowski, R-Alaska, are backing the Supreme Court Code of Conduct Act, which would call on the court to create an ethics code and appoint an official to review public complaints or “potential conflicts,” the lawmakers said in a news release.
“A healthy democracy requires trust: trust in systems, trust in institutions, and trust in leaders. Americans deserve to have confidence that every part of their government – especially the highest court in the land – is acting in an ethical manner,” King said in the news release, noting a Gallup poll released last year that found 25% of Americans say they have confidence in the Supreme Court.
Murkowski warned Wednesday that “The Supreme Court must demonstrate independence and fairness as they rule on the laws of the land – and any cracks in the public’s confidence will have damaging repercussions for the state of our democracy.”
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What would the legislation do?
The bill would:
- Require the Supreme Court to apply the code of conduct within a year of its enactment.
- Call on the court to publish the code online so it’s publicly available.
- Task the court with naming a new official to handle complaints, including cases in which a member of the public accuses a justice of violating the code or other federal laws.
- Give the court authority to investigate justices or staff.
This isn’t the first time senators have zeroed in on a code of conduct for Supreme Court justices. In 2017, Sen. Chris Murphy, D-Conn., introduced a bill that would have required a code of ethics for justices.
But there are questions about the constitutionality – and practicality – of these types of measures.
Clarence Thomas revelations
King and Murkowski’s push comes after a series of ProPublica stories that identified luxury trips Thomas accepted from Texas billionaire Harlan Crow. Another story identified property Crow bought from Thomas and members of his family, along with other reports.
Chief Justice John Roberts declined an invitation from Senate Democrats this week to testify about ethics standards.
"Testimony before the Senate Judiciary Committee by the Chief Justice of the United States is exceedingly rare, as one might expect in light of separation of powers concerns and the importance of preserving judicial independence," Roberts wrote after the invitation.
Contributing: John Fritze