The Supreme Court has finally adopted its first code of ethics in 2023, responding to persistent criticism. However, the new code lacks a mechanism for enforcement. Justice Clarence Thomas has agreed to follow updated guidelines regarding travel and gifts, but concerns remain about his previous acceptance of luxury trips from wealthy benefactors. The U.S. Judicial Conference, which sets policy for the federal court system, has faced questions about its authority to investigate potential ethics violations by Supreme Court justices.
The Supreme Court adopted its first code of ethics in 2023 in the face of sustained criticism, though the new code still lacks a means of enforcementThomas has agreed to follow updated requirements on reporting trips and gifts, including clearer guidelines on hospitality from friends, the U.S. Judicial Conference wrote to Democratic senators who had called for an investigation into undisclosed acceptance of luxury trips.
The Supreme Court adopted its first code of ethics in 2023 in the face of sustained criticism, though the new code still lacks a means of enforcement.It’s unclear whether the law allows the U.S. Judicial Conference to make a criminal referral regarding a Supreme Court justice, U.S. District Judge Robert Conrad wrote. He serves as secretary for the conference, which sets policy for the federal court system and is led by Chief Justice John Roberts.
A referral in this case isn’t necessary, Conrad said, because two Democratic senators called on Attorney General Merrick Garland to appoint a special counsel over the summer. No such appointment has been publicly made. The group Fix the Court said the financial disclosure law is clear and should apply to justices. “The Conference’s letters further underscore the need for Congress to create a new and transparent mechanism to investigate the justices for ethics violations since the Conference is unwilling to act upon the one method we had presumed existed to do that,” Executive Director Gabe Roth said in a statement.
Conrad also sent a similar response to a separate complaint from a conservative legal group, the Center for Renewing America, in regard to Justice Ketanji Brown Jackson’s reports on the source of her husband's consulting income. Jackson has since amended her disclosures and also agreed to updated reporting requirements, Conrad wrote.
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