Supreme Court Adopts First Code of Ethics

The Supreme Court has adopted its first code of ethics, in the face of sustained criticism over undisclosed trips and gifts from wealthy benefactors to some justices. The policy was issued by the court Monday.

Lack of Ethics Vexed the Court

The issue has vexed the court for several months, over a series of stories questioning the ethical practices of the justices. Many of those stories focused on Justice Clarence Thomas and his failure to disclose travel and other financial ties with wealthy conservative donors including Harlan Crow and the Koch brothers. But Justices Samuel Alito and Sonia Sotomayor also have been under scrutiny.

Recent Support for Ethics Code

Three justices, Amy Coney Barrett, Elena Kagan, and Brett Kavanaugh, have voiced support for an ethics code in recent months. In May, Chief Justice John Roberts said there was more the court could do to "adhere to the highest ethical standards,” without providing any specifics.

Public Trust in Court at Record Lows

Public trust in and approval of the court is hovering near record lows, according to a Gallup Poll released just before the courts new term began on Oct. 2. As recently as last week, Sen. Dick Durbin, D-Ill., chairman of the Senate Judiciary Committee, said the justices could quiet some of the criticism and a Democratic push to impose an ethics code on the court by putting in place their own policy.

Democratic Bill Unlikely to Pass

The Democratic bill had little prospect of becoming law in the Republican-controlled House, much less the closely divided Senate. The push for an ethics code was jump-started by a series of stories by the investigative news site ProPublica detailing the relationship between Crow and Thomas. Crow has for more than two decades paid for nearly annual vacations, purchased from Thomas and others the Georgia home in which the justices mother still lives and helped pay for the private schooling for a relative.

Prior Attempts at Ethics Reform

The courts initial step on ethics, in the spring, did not mollify critics. Roberts declined an invitation from Durbin to testify before the Judiciary panel, but the chief justice provided a "Statement on Ethics Principles and Practices” signed by all nine justices that described the ethical rules they follow about travel, gifts, and outside income.

The adoption of a code of ethics by the Supreme Court is a significant step forward in ensuring transparency and accountability in the highest court of the land. The code, which was developed in response to criticism over undisclosed trips and gifts from wealthy benefactors to some justices, outlines the ethical rules that the justices must follow regarding travel, gifts, and outside income. While the code may not fully address all concerns, it represents a positive development in the court's efforts to maintain public trust and confidence in the judicial system.