Although most of our judges are beyond reproach, there still remain cases of judicial misconduct. Judicial misconduct occurs when a judge acts in a way that is unethical or violates the judge's obligations of impartiality. From 2008 to 2019, there were more than 5,000 cases in which judges resigned, retired or were publicly disciplined following accusations of misconduct. However, unlike all other federal judges, Supreme Court Justices are not bound by a code of ethics. Most believe transparency and ethics are vital to the integrity of the judiciary and keeping the public’s trust in our courts – particularly as attacks on judicial independence and the rule of law have become more common.

Critics claim it has been apparent the Supreme Court operates with too much secrecy and too little transparency, endangering the public’s confidence in the impartiality of its justices. Polls now show the majority of Americans no longer believe the Court is impartial, deciding cases on politics rather than law. Examples of outright corruption include a former colleague of U.S. Chief Justice John Roberts' wife filing a complaint with Congress and the Justice Department alleging her work as a legal recruiter poses a conflict of interest at the Supreme Court. And it was recently discovered that Justice Alito flew to Alaska on a private jet for a fishing vacation in 2008 paid for by billionaire Paul Singer who had business before the Court. Justice Clarence Thomas has faced calls to recuse himself on a number of issues and cases over the conservative political activism of his wife, Ginni, who supported overturning the 2020 election. One recent report describes a close relationship between Thomas and prominent Republican donor Harland Crowe.

That report states that, for the past 20 years, Thomas has neglected to disclose his acceptance of luxury gifts and extravagant trips on Crow’s yacht and private jet. Crowe also paid the tuition expenses for Thomas’ child and bought property from him at inflated prices, including the house where Thomas’ mother now lives rent-free. Justice Neil Gorsuch, sold a massive property he co-owned to the CEO of a law firm that often argues cases before the court. Critics say that, given the historic misdeeds of our judicial system, we can only restore faith in our highest court by requiring Supreme Court justices to adhere to the same standard of ethics as other federally appointed judges.

The Supreme Court recently adopted its first code of ethics, but critics say this new policy does not impose any significant new requirements, leaves compliance entirely to each justice, and lacks a means of enforcement.

Pending Legislation: S.359 - Supreme Court Ethics, Recusal, and Transparency Act of 2023
Sponsor: Sen. Sheldon Whitehouse (RI)
Status: Placed on Senate Legislative Calendar under General Orders awaiting floor consideration
Senate Leader: Leader Charles Schumer (NY)