On Saturday, August 10, 2024, the Washington Examiner examined where the Supreme Court stands on President Biden’s ethics reform plan.
While Biden announced sweeping proposals in July to establish new ethical standards for the high court, including a binding code of conduct, the nine justices have largely avoided directly weighing in on the proposals. The only justice to publicly comment so far is Neil Gorsuch, who told Fox News he didn’t think it was helpful to opine on the president’s plans during an election year.
However, some justices have weighed in more generally on the idea of an external ethics enforcement mechanism. Last year, Samuel Alito said in an interview that Congress has no authority to regulate the Supreme Court, prompting Dick Durbin to accuse Alito of opining on a pending bill and to suggest he recuse from future related cases. Case Western Reserve law professor Jonathan Adler later said Durbin’s demand had no merit, since no law has passed.
More recently, Elena Kagan acknowledged at an event in July there are complexities around external enforcement but she believes the court could figure out a solution. South Texas law professor Josh Blackman notes Kagan spoke before Biden’s formal announcement and that no legislation has actually been proposed yet.
While legal experts say no justice has crossed ethical lines by discussing the issue, Durbin’s demand illustrates the predicament justices face as Biden pushes for reforms near the end of his term. Democrats have increasingly criticized the court’s conservative majority on issues of impartiality. However, Republicans counter that Democrats only want change due to being the minority and that there is no evidence rulings are swayed.
The justices published their own code of conduct last year with no enforcement mechanism, which Democrats opposed. Kagan privately floated to Chief Justice Roberts the idea of a panel of respected judges to enforce the code. With little prospect of congressional agreement, the court may ultimately decide how to address enforcement of ethical standards. Most sitting justices have affirmed their commitment to operating with the utmost integrity and impartiality.
Source: Washington Examiner
