In advance of the Senate’s markup of the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act this week, the New York Times published a piece detailing both a history of ethics abuses on the Court and the politics threatening to undercut this important piece of legislation.
While Mitch McConnell and Senate Republicans continue to ignore and uphold the deep-rooted corruption that plagues this nation’s highest Court, Democrats are committed to implementing a strong ethics code for the justices—who are currently the only federal judges not bound by any code of conduct. Despite McConnell’s fallacy-filled arguments, this reform would make our judiciary and democracy more fair, making it imperative for Congress to pass the SCERT Act.
The New York Times: Democrats to Press Supreme Court Ethics Rules Over G.O.P. Opposition
Carl Huse
07/17/23
Key points:
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Senate Democrats plan to push ahead this week with legislation imposing new ethics rules on the Supreme Court in the wake of disclosures about the justices’ travel and outside activities, despite blanket opposition by Republicans who claim the effort is intended to undermine the high court.
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The Judiciary Committee is scheduled on Thursday to consider legislation by Senator Sheldon Whitehouse, Democrat of Rhode Island, that would require the Supreme Court to establish a new code of conduct for justices, set firmer ground rules for recusal from cases, create a new investigatory board and promote transparency about ties with those before the court.
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Senate Republicans have made it clear they won’t support the legislation, and it has no chance in the G.O.P.-controlled House. But Mr. Whitehouse said he saw the fight over the measure as just the first step, after a string of revelations about undisclosed luxury travel, relationships with affluent Americans and speaking engagements tied to book sales, as well as the shocking leak last year of the court’s decision overturning precedent on abortion rights.
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“You have to start somewhere,” said Mr. Whitehouse. He added, “The more information that comes out about the mischief going on at the Supreme Court, the more inevitable it becomes that they come around to agreeing we have to do something. We’re just at the beginning.”
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Lawmakers have been pressing the high court to adopt clearer ethics rules for years, but the effort has gained new momentum from media reports of undisclosed high-end travel by Justices Clarence Thomas and Samuel A. Alito Jr. and courting of the justices by influential conservatives.
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“The Supreme Court is now on recess — at home with their families and traveling on vacation,” he said in announcing his plans for the legislation. “I wish them many sunny days, but even if the sun is shining there is still a shadow over the Supreme Court.”
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Democrats said the reports about Justice Sotomayor showed the issue is a systemic one and that their legislation is not aimed solely at the conservative majority. “It’s just another signal that the court needs a major cleanup,” Mr. Whitehouse said.
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In an opinion essay published last week in The Washington Post, Senator Mitch McConnell, the Kentucky Republican and minority leader, said, “Unfortunately, Democrats have moved from complaining about the Supreme Court’s reasoning to questioning its independence.” Mr. McConnell, a staunch defender of the court, dismissed the legislation, saying, “Democrats on the Senate Judiciary Committee are trying to tell a coequal branch of government how to manage its internal operations, ostensibly to clean up its ‘ethics.’”
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Democrats counter that the argument that Congress can’t exert power over the court is false, considering that Congress already establishes the jurisdiction of the court, controls the number of justices that serve on it and funds its operations, among other things.
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“The fact that it’s separate doesn’t mean that it is unaccountable,” said Senator Richard Blumenthal, Democrat of Connecticut and another member of the Senate panel. “Right now this Supreme Court is acting like a bunch of politicians seemingly answerable to no one. That is not what separation of powers is.”
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The Judiciary Committee effort has the support of Senator Chuck Schumer, the New York Democrat and majority leader, who urged Republicans to get behind it.
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“Without ethics reforms, the Supreme Court risks forever losing its legitimacy,” he said in a statement. “If Republicans truly care about the Supreme Court they should work with us to pass ethics reforms.”
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But Mr. Schumer has not committed to bringing the legislation to the floor if it faces solid Republican opposition, though backers are encouraging him to do so.
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“It’s not about Republicans or Democrats because the ethical breaches have concerned both,” Mr. Blumenthal said. “There is no plausible reason for a United States senator to oppose a code of ethics for the United States Supreme Court. You should put senators on the record.”
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