On Thursday, January 16, 2025, Salon published a commentary highlighting the urgent need for ethics reform at the Supreme Court. The article cited several instances of apparent ethical failings by Supreme Court justices, including Clarence Thomas, Samuel Alito, and Sonia Sotomayor, which have led to a decline in public confidence in the courts.
According to a Gallup survey, public confidence in America’s courts has dropped by 24% since 2020, reaching a historic low of 35%. The New York City Bar Association has called for a mandatory and enforceable code of ethics for the Supreme Court, which is currently lacking.
The article pointed to the disparate treatment of two federal judges, Justice Alito and Senior United States District Court Judge Michael Ponsor, to illustrate the need for reform. Justice Alito has been accused of violating laws governing the receipt of gifts and recusal, but faces no consequences due to the lack of enforceable ethics rules. In contrast, Judge Ponsor was sanctioned for criticizing Justice Alito’s actions, despite being protected by the First Amendment.
The article noted that Congress has passed ethics laws that apply to Supreme Court justices, but these laws are not enforced. Justice Alito has argued that Congress does not have the authority to regulate the Supreme Court, despite the laws being mandatory.
The article also highlighted Justice Alito’s refusal to recuse himself from cases involving President Trump’s actions surrounding the January 6 insurrection, despite flying an upside-down flag outside his home, a symbol of the Stop the Steal movement. Chief Justice Roberts was reportedly alarmed by Justice Alito’s decision and took the unprecedented step of taking back the assignment to write the majority opinion in one of the cases.
Judge Ponsor, a well-respected former Rhodes Scholar, wrote an opinion piece criticizing Justice Alito’s actions, which prompted allies of Justice Alito to object. Judge Ponsor was disciplined for expressing personal opinions on controversial public issues and criticizing the ethics of a sitting Supreme Court justice.
The article argued that the lack of an enforceable code of ethics for Supreme Court justices is a major issue, with the nine members of the Supreme Court being the only judges among over 30,000 state and federal judges not bound by such a code. The voluntary Code of Conduct adopted by the Supreme Court in 2023 is not sufficient, as it ignores the ethical standards written into law by Congress and relies on nonbinding admonitions.
The article concluded that the need for ethics reform at the Supreme Court is urgent, with the court’s credibility at stake. The lack of action by the court or Congress on this issue is distressing, and the story is likely to continue without a resolution.
Source: Salon
