Senate Judiciary Committee Report Advocates for Ethical Reforms at the Supreme Court

The Senate Judiciary Committee has called on Congress to mandate the Supreme Court to adhere to judicial ethical standards, as highlighted in an investigative report published on December 21.

However, progress on the report appears unlikely as Republicans prepare to take over leadership of the Senate next month. GOP leadership is against the court reform measures proposed by Democrats.

In recent years, Congressional Democrats have been vocal in their calls for reforms, fueled by dissatisfaction with Supreme Court rulings on topics like abortion, gun rights, environmental issues, and the authority of the administrative state.

Republicans argue that the proposed Supreme Court Ethics, Recusal, and Transparency Act (SCERT) is unconstitutional and stems from partisan biases. This bill, put forth by Senator Sheldon Whitehouse (D-R.I.), aims to establish a panel of lower court judges to review complaints against the justices and enforce disciplinary measures.

The Senate Judiciary Committee passed the bill along party lines in July 2023, but it has since faced obstacles.

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The report, which took two years to compile, indicated that under Chief Justice John Roberts’ leadership, the court has not adequately prepared justices’ financial disclosures or properly reviewed recusals in ongoing cases.

“At this moment, due to evidence gathered from subpoenas, we have a clearer picture of how the Supreme Court is trapped in an ethical crisis of its making. Whether it be the nondisclosure of extravagant gifts or the failure to recuse themselves in situations with clear conflicts of interest, it is evident that the justices are eroding public trust, influenced by a collection of adoring billionaires.

“The highest court in the nation cannot maintain the lowest ethical standards. As long as Chief Justice Roberts and the Judicial Conference decline to act, we must advocate for legislative measures to remedy this crisis and restore faith in the highest court.”

The new report suggests that Congress should create and enforce a binding code of conduct for the Supreme Court.

“Further scrutiny—preferably with the justices’ collaboration—is necessary to comprehend how these ethical breaches occurred and to develop sound solutions to prevent such failures in the future,” noted the committee.

It also stated that the Judicial Conference “needs reform, and its internal processes require enhancement.” Achieving this will necessitate Congressional action, as well as reforms within the Judicial Conference and the Administrative Office of the U.S. Courts.

The report took aim at Justices Clarence Thomas and Samuel Alito for purportedly not disclosing gifts received.

Thomas reportedly accepted millions in gifts from acquaintances, including billionaire Republican benefactor Harlan Crow, stating he has received favors of such magnitude that have no precedent in modern American history.

Alito is said to have violated federal law by failing to disclose a 2008 fishing expedition in Alaska, funded by billionaire hedge fund manager Paul Singer.

Both justices have refuted any allegations of misconduct, asserting that they adhered to the guidance available at the time, which encompassed a broad interpretation of “personal hospitality.”

Republican senators have countered that there’s no evidence suggesting that the gifts received by either justice were linked to cases pending before the Supreme Court.

The Epoch Times attempted to contact the Supreme Court, Chief Justice Roberts, Thomas, and Alito for comments, but did not receive any responses by the time of publication.

The Associated Press contributed to this report.