Supreme Court Adopts Code of Conduct Amidst Democratic Pressure, Republicans Dismiss Efforts as Unconstitutional

FOX News correspondent David Spunt has the latest details on the Supreme Court adopting a formal code of conduct on Special Report. Top Democrats who have been pressuring the Supreme Court to adopt a new code of ethics appear dissatisfied after the court’s unprecedented announcement of a new Code of Conduct, saying the code alone isn’t enough. 

Senate Majority Leader Chuck Schumer, D-N.Y. said, “It is long past time for a code of conduct that explicitly applies to the justices,” adding “the lack of any way to enforce the code should any justice decide to ignore it is a glaring omission.” Senate Judiciary Chairman Dick Durbin, D-Ill., said the new rules “fall short” of what Congress “could and should expect,” despite several Republicans saying Democrats’ efforts would be unconstitutional.

Republicans, including Senator Marsha Blackburn of Tennessee, argue that it is the court’s role, not Congress’, to set out how they operate as an independent, coequal branch of government. They view the Democrats’ efforts as an attempt to delegitimize the court as an institution due to disagreements with its recent decisions.

On the other hand, some Democrats, such as Senator Sheldon Whitehouse of Rhode Island, see the newly adopted code as a “first step” and push for congressionally imposed enforcement rules. However, Senator Blackburn highlights the importance of protecting the safety of the justices and their families given the threats they have faced.

The Supreme Court justices issued an unprecedented Code of Conduct consisting of five “canons,” including provisions addressing travel arrangements and the use of court staff for book promotion. The court emphasized that these rules largely represent a codification of principles already governing their conduct. The adoption of the code is seen as a response to recent scandals involving some justices.

While Democrats like Senator Durbin acknowledge the court’s response as a step in the right direction, they will carefully review the proposed code to ensure it meets their goal of upholding a higher standard of ethics in the federal government. Carrie Severino, president of the JCN and a former clerk for Justice Thomas, predicts that the code may not satisfy Senate Democrats and their supporters who have been critical of the court.

Democrats on the committee have also pushed for the passage of the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act. This act would require the Supreme Court to adopt a code of conduct, establish a mechanism to investigate alleged violations, enhance disclosure and transparency, and require justices to explain their recusal decisions to the public. However, Republicans, including Senator John Kennedy, have criticized the bill and believe it would undermine the court.

In conclusion, the Supreme Court’s adoption of a code of conduct has created a divide between Democrats and Republicans. While Democrats express dissatisfaction with the code’s limitations, Republicans argue that it is the court’s responsibility to govern its own conduct. The debate over the code of conduct reflects broader tensions between the two parties regarding the role and integrity of the Supreme Court.

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