Commentary: After questions were raised about luxury trips Justice Clarence Thomas took with a Republican mega-donor, urgent action is necessary in order to regain the public's trust.
Last February, the American Bar Association passed a resolution urging the U.S. Supreme Court to adopt ethics rules similar to the ones that apply to all other federal judges. The resolution was passed in the wake of an investigation by The Wall Street Journal finding that between 2010 and 2018, 131 federal judges had failed to comply with the Code of Judicial Conduct by ruling in cases where they had financial conflicts of interest.
But such legislation, if proposed, is unlikely to go anywhere. Last spring the House Judiciary Committee advanced a bill that would have required the court to adopt an ethics policy, but the House failed to vote on it. There are good reasons for this. Any organization that depends upon having a good reputation in order to fulfill its mission effectively needs to avoid the perception that the judgment of those in charge can be unduly influenced. Organizations that are essential to the health of society have an even greater obligation to ensure that they maintain public trust.
But all of that misses the point. It is not that the gifts themselves can compromise someone’s judgement. It is that time spent with the people who supply the gifts can influence how they see things, perhaps not with regard to a specific case or issue, but in general, as a part of the worldview that shapes one’s perception of specific cases.
Roberts has stated that the Judicial Code of Conduct provides “guidance to” the Supreme Court justices, but he denies that they are bound by its rules. He refers to the Code of Conduct as “a starting point” and suggests that the justices, in virtues of unique status of the Supreme Court, must also consult a “wide variety of other authorities to resolve specific ethical issues.”
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