On Thursday, July 25, 2024, AP News reported that Supreme Court Justice Elena Kagan called for strengthening the high court’s ethics rules by establishing enforcement mechanisms.
Speaking at the annual judicial conference of the Ninth Circuit Court of Appeals in Sacramento, California, Justice Kagan said that while she supported the adoption of a new ethics code by the Supreme Court, having rules alone is not sufficient. Any ethics code needs enforcement in order to be effective, she argued.
Justice Kagan, who was nominated to the Supreme Court by President Barack Obama, acknowledged the challenge in determining who should enforce the rules on the nine lifetime-appointed justices. However, she suggested one option could be a committee of respected federal judges appointed by Chief Justice John Roberts to handle any potential violations.
This would provide a way to investigate claims of misconduct against justices while also protecting those not acting unethically from unfounded allegations, according to Justice Kagan. She said such a system would bring more clarity and public confidence to the Supreme Court’s ethical standards.
Her remarks come after past controversies over financial disclosures and partisan political activity by some justices. A ProPublica report found that Justice Clarence Thomas failed to report his wife’s income from conservative groups and disclose luxury trips financed by right-leaning donors. Other outlets subsequently uncovered unreported trips by Justices Samuel Alito and Neil Gorsuch as well.
More recent controversies included an upside-down American flag outside Justice Alito’s home, a symbol associated with former President Donald Trump’s false election claims. While Alito denied any involvement, the incidents have contributed to slipping public trust in the impartiality of the Supreme Court. A June AP-NORC poll found that 70% of Americans believe justices are more guided by ideology rather than neutral judging.
In her speech, Justice Kagan reflected on the importance of respecting legal precedent and not using cases to advance broader ideological aims. She also urged restraint in writing separate opinions when justices unanimously agree on an outcome to avoid confusing lower courts.
Kagan’s call for Supreme Court ethics reform and enforcement, if implemented, could aim to rebuild confidence in the high court as an independent branch of government rather than an extension of political interests. However, determining the appropriate mechanism remains an ongoing, debated issue.
Source: AP News
