On Wednesday, September 18, 2024, the Washington Examiner reported that Senate Judiciary Committee Chairman Dick Durbin (D-IL) urged Chief Justice John Roberts to implement a binding ethics code for the Supreme Court during a recent semiannual Judicial Conference. This conference, which Roberts chairs, brings together key figures from the judiciary to discuss significant issues affecting the court system.
Durbin, a long-time advocate for enforceable ethics standards for justices, expressed his concerns regarding the current ethics guidelines, which were introduced last year but lack effective enforcement mechanisms. A source familiar with the meeting indicated that Durbin reiterated his stance, emphasizing that the existing measures do not meet public expectations for accountability and transparency within the Supreme Court.
The call for stronger ethics regulations comes amid increasing scrutiny of the justices, particularly following reports that some have accepted undisclosed gifts from donors. High-profile critics, including Durbin and fellow Senator Sheldon Whitehouse (D-RI), have voiced their discontent with the current ethics provisions, arguing that they fall short of adequately overseeing judicial conduct.
During the conference, Durbin acknowledged the introduction of the ethics code as a positive development but insisted that it is insufficient without the necessary enforcement. He also called on the Judicial Conference to consider supporting legislation aimed at addressing “judge shopping,” a practice where cases are filed in courts believed to be more favorable to certain outcomes.
Attending the meeting alongside Roberts were Attorney General Merrick Garland and several members of the Senate Judiciary Committee, including Senators Whitehouse, John Kennedy (R-LA), and Susan Collins (R-ME). The discussions covered a range of topics, including cybersecurity measures for the judiciary. Judge Jeffrey Sutton, who leads the Judicial Conference’s executive committee, briefed reporters on the meeting’s focus, noting that while there was no imminent threat, there are heightened concerns about the risk of foreign cyberattacks coinciding with the upcoming 2024 election cycle.
Judge Michael Scudder of the U.S. Court of Appeals for the 7th Circuit also highlighted the necessity for greater vigilance regarding the judiciary’s information technology systems.
Durbin’s push for enhanced ethics oversight comes as the Biden-Harris administration has indicated its support for judicial reform proposals, which they argue would be pursued if Democrats secure full control of Congress and the executive branch in the upcoming elections. This advocacy for reform follows a series of leaks from the Supreme Court that portrayed Roberts as attempting to exert influence over his colleagues to achieve consensus on cases involving former President Donald Trump.
In August, Kamala Harris’s campaign stated that her views on judicial reforms align with legislation proposed by Whitehouse, which seeks to impose 18-year term limits on justices and introduce stricter ethics and recusal standards.
Critics of such reforms warn that they could undermine the judicial branch’s independence and disrupt the separation of powers. Republicans, including Senator Lindsey Graham (R-SC), have characterized attempts to implement similar ethics legislation as a move to “destroy a conservative court.”
As of now, the outcome of Durbin’s appeal for binding ethics reforms remains uncertain, with no clear indication of whether Roberts and the judiciary will adopt these proposed changes.
Source: Washington Examiner
