On Wednesday, November 12, 2025, nonprofit organization Fix the Court published an article reflecting on the two-year anniversary of the Supreme Court justices’ Code of Conduct. The article assesses the changes in the justices’ ethical behavior since the Code’s release and identifies remaining inadequacies in their ethical policies and practices.
A primary concern highlighted by Fix the Court is the absence of an enforcement mechanism for the Code. The organization suggests that Chief Justice Roberts could establish a committee of experienced judges to review complaints, distinguish between meritorious and frivolous cases, and recommend remedial actions such as recusal, disclosure amendments, or ethics training.
The article also points out the lack of updates regarding the Court’s “examination of best practices” in judicial ethics, which was mentioned in the Code’s commentary. This examination implied that the Code was not intended to be the final word on ethics.
Despite these deficiencies, Fix the Court acknowledges that some justices have taken steps to improve their ethical conduct. These positive actions include Justices Kagan and Jackson providing brief explanations for their recusals, Justice Gorsuch recusing himself in Seven County Infrastructure Coalition v. Eagle County due to his friendship with Phil Anschutz, and Justice Barrett recusing herself in Oklahoma Statewide Charter School Board v. Drummond and St. Isidore v. Drummond because of her relationship with Notre Dame Law Prof. Nicole Garnett. Additionally, Justices Sotomayor, Gorsuch, Barrett, and Jackson recused themselves from a petition involving their book publisher, Penguin Random House. The justices also reported receiving no gifts on their 2024 disclosures, with the exception of a flight to and from and a hotel stay in Kansas City that Justice Sotomayor reported.
However, the article also identifies instances of ethically questionable behavior. These include Justices Thomas and Alito not recusing themselves in Jan. 6-related or 2020 election-related cases, despite their wives’ actions potentially creating an appearance of bias. Justice Jackson’s dinner with the head of the U.S. Patent and Trademark Office while petitions naming the office were open at the Court was also cited as a misstep.
Furthermore, the article alleges that Justice Thomas has not disclosed all gifts received from Harlan Crow, and Justice Sotomayor failed to report a trip to Spain on her disclosure. Justice Alito is also accused of filing a PTR 281 days post-transaction, exceeding the statutory deadline by 236 days.
The article also criticizes Justices Gorsuch, Barrett, and Jackson for making public appearances that could be perceived as partisan, such as appearing on Fox News or with conservative pundits (Gorsuch and Barrett) or exclusively engaging with liberal moderators (Jackson). Justices Gorsuch and Kavanaugh were also called out for allegedly berating a lower court judge.
In March, Fix the Court inquired about any new policies or guidance documents resulting from the “examination of best practices” mentioned in the Code. The organization plans to reiterate these questions, including inquiries about automated recusal checks, additional resources for ethics review, amendments to disclosure rules, guidance on financial disclosure obligations, and the frequency with which justices sought advice from the Committee on Financial Disclosure.
