U.S. Supreme Court unveils new ethics code, but critics say it doesn’t go far enough
by Ashley Murray, Alabama Reflector WASHINGTON — The U.S. Supreme Court released a new ethics code Monday, just days before the Democrat-led U.S. Senate Committee on the Judiciary again attempts to subpoena two high-profile GOP donors following revelations that justices accepted undisclosed luxury trips and engaged in other potential conflicts of interest. Despite the headlines and the committee’s springtime request that Chief Justice John Roberts appear before the panel, Roberts has maintained that the court already followed its own ethics guidelines. But Monday’s 15-page code of conduct, co-signed by all nine justices, is a new maneuver by the court to publicize its standards. The document states in its opening that the rules are “not new” and that the court has “long had the equivalent of common law ethics rules.” “The absence of a Code, however, has led in recent years to the misunderstanding that the Justices of this Court, unlike all other jurists in this country, regard themselves as unrestricted by any ethics rules,” the document states. “To dispel this misunderstanding, we are issuing this Code, which largely represents a codification of principles that we have long regarded as governing our conduct.” The five “canons” outlined over eight pages include that: A justice should uphold the integrity and independence of the judiciary. A justice should avoid impropriety and the appearance of impropriety in all activities. A justice should perform the duties of office fairly, impartially, and diligently. A justice may engage in extrajudicial activities that are consistent with obligations of the judicial office. And, a justice should refrain from political activity. Durbin: Code falls short Sen. Dick Durbin, chair of the Senate Judiciary Committee, said the new rules “fall short of what we could and should expect when a Supreme Court issues a code of conduct.” The court’s new code “does not appear to contain any meaningful enforcement mechanism to hold justices accountable for any violations of code. It also leaves a wide range of decisions up to the discretion of individual justices, including decisions on recusal from sitting on cases,” the Illinois Democrat said on the Senate floor Monday. “I’m still reviewing the court’s new code of conduct for now. I will note that the court’s adoption of this code marks a step in the right direction.” Durbin and fellow Democrats on the Judiciary panel had planned to vote last week to subpoena high-profile Republican donors Harlan Crow and Leonard Leo, who bankrolled luxury travel for conservative Justices Clarence Thomas and Samuel Alito. The vote to subpoena Crow and Leo, who Durbin claims have been uncooperative, was called off due to “scheduling issues,” Durbin said last week. Sen. Sheldon Whitehouse, a Rhode Island Democrat who sits on the committee, attributed the delay Thursday to the panel’s Republicans introducing dozens of amendments that “jammed the gears of the committee.” Whitehouse, whose Supreme Court ethics bill was passed favorably out of committee in July, called the court’s release Monday “long overdue” and lacking. “The honor system has not worked for members of the Roberts Court. My ethics bill would create a transparent process for complaints and allow a panel of chief judges from the lower courts to investigate and make recommendations based on those complaints,” Whitehouse said in a statement Monday. The committee is again scheduled to vote on the subpoenas this coming Thursday. Ethics questions In April, ProPublica chronicled years of private jet and yacht excursions paid for by Crow that Thomas never disclosed. The nonprofit investigative outfit also revealed that Thomas did not disclose a real estate transaction with Crow. Following the ProPublica revelations, Politico reported that Justice Neil Gorsuch did not identify the purchaser who bought a 40-acre plot in Colorado co-owned by the justice — a sale from which he made between $250,001 and $500,000, according to federal disclosure forms. The purchaser turned out to be attorney Brian Duffy of the law firm Greenberg Traurig who has since argued numerous cases in front of the court. The spring revelations set in motion a series of hearings by the Senate Committee on the Judiciary and its subcommittees. Roberts was invited to but declined to attend the first of the hearings in early May. In June, ProPublica revealed that Alito attended a fishing expedition in Alaska paid for and organized by Republican donors, including Leo. In July, The Associated Press uncovered that Justice Sonia Sotomayor allegedly directed taxpayer-funded court staff to schedule speaking engagements related to her literary work and pitch sales of the justice’s books, according to the AP’s reporting. Through more than 100 public records requests, the AP uncovered details about the court staff’s involvement in promoting Sotomayor’s memoir and children’s books — from which the justice has earned roughly $3.7 million. Alabama Reflector is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Follow Alabama Reflector on Facebook and Twitter.
Supreme Court Justice Kavanaugh predicts ‘concrete steps soon’ to address ethics concerns
Supreme Court Justice Brett Kavanaugh told a judicial conference on Thursday he hopes there will be “concrete steps soon” to address recent ethics concerns surrounding the court, but he stopped short of addressing calls for justices to institute an official code of conduct. “We can increase confidence. We’re working on that,” Kavanaugh told the conference attended by judges, attorneys, and other court personnel in Ohio. He said all nine justices recognize that public confidence in the court is important, particularly now. Public trust in the court is at a 50-year low following a series of divisive rulings, including the overturning of Roe v. Wade federal abortion protections last year, and published reports about the justices’ undisclosed paid trips and other ethical concerns. “There’s a storm around us in the political world and the world at large in America,” Kavanaugh said. “We, as judges and the legal system, need to try to be a little more, I think, of the calm in the storm.” Justice Clarence Thomas acknowledged recently that he took three trips last year aboard a private plane owned by Republican megadonor Harlan Crow even as he rejected criticism over his failure to report trips in previous years. Reporting by the investigative news site ProPublica also revealed that Justice Samuel Alito failed to disclose a private trip to Alaska he took in 2008 that was paid for by two wealthy Republican donors, one of whom repeatedly had interests before the court. The Associated Press also reported in July that Justice Sonia Sotomayor, aided by her staff, has advanced sales of her books through college visits over the past decade. The AP obtained thousands of pages of documents that showed how justices spanning the court’s ideological divide lent the prestige of their positions to partisan activity — by headlining speaking events with prominent politicians — or to advance their own personal interests. “My perspective is we’re nine public servants who are hard-working and care a lot about the court and care a lot about the judiciary as a whole,” Kavanaugh said. He added that he believes justices “respect the institution and want that respect for the institution to be shared by the American people, recognizing that people are going to disagree with our decisions.” Besides Roe v. Wade, Kavanaugh pointed to a series of lesser-noticed rulings that featured unusual line-ups that “didn’t follow some pattern” based on the political leanings of the justices’ appointing presidents. Kavanaugh, 58, is one of three justices nominated by former President Donald Trump who have reshaped the court in recent years. He has sided with conservative majorities in affirmative action and student loan rulings, as well as in the Dobbs case that overturned Roe. He joined liberal justices this term in backing Black voters in a case out of Alabama and preserving a federal law aimed at keeping Native American children with Native families. Kavanaugh took questions from Jeffrey Sutton and Stephanie Dawkins Davis, chief judge and judge, respectively, of the 6th U.S. Circuit Court, at the conference. At one point, brandishing a dog-eared copy of the Constitution plucked from his jacket, Kavanaugh urged the gathering to act with constitutional consistency, civility, and respect — including taking special care that losing parties in lawsuits understand their rulings. “I think this is important for all judges,” he said. “Respect for our system, which we all believe in, depends on the losing party still respecting the process. That’s hard to do. They’re not going to be happy, and so, to write an opinion the losing party understands and respects, they’re going to take the decision to heart.” Republished with the permission of The Associated Press.
Marco Rubio to hold major fundraiser Sept. 22 in affluent Dallas suburb
Marco Rubio brings his vision of a “New American Century” to Texas next week with a high-profile fundraiser reception in the exclusive Dallas suburb of Highland Park. Real-estate investor Harlan Crow and his wife Kathy will present the $2,000-per-couple event, scheduled for Tuesday, September 22. Host reception begins at 6:30 p.m.; general reception is at 7 p.m. The host committee, still in formation, includes former Republican U.S. Senator Phil Graham, Dallas-based investors George Bayoud and George Seay – a former top moneyman for Texas Gov. Rick Perry’s 2012 presidential run — and Florida lobbyist Nick Iarossi. South Carolina Congressman Trey Gowdy, the outspoken conservative who serves on the House Select Committee on Benghazi, is the special guest. For an event chair spot, supporters need to raise $10,800; to host is $5,400 per couple. Chair level donors get two tickets to an October retreat, two tickets to the VIP Reception and a photo opportunity with Rubio. Location of the event is at the Crow’s historic home in Highland Park, an affluent area that some observers consider one of the nation’s most enthusiastically Republican districts. Near Dallas’ financial center, Highland Park enjoys some of the lowest property tax rates in Texas — a state without income tax – as well as having one of America’s best school systems. Attendees will have a chance to meet with Rubio, the 44-year-old senator who characterizes his presidential candidacy as a path to the “New American Century,” with both wisdom and experience to lead the country through challenging economic times.
