Justice Ketanji Brown Jackson Open to Enforceable Ethics Code for Supreme Court

Justice Ketanji Brown Jackson of the United States Supreme Court has expressed her willingness to consider an enforceable code of ethics for the Supreme Court in light of ongoing discussions about ethics practices within the court.

Open to Enforceable Ethics Code

During her first broadcast interview since joining the court in June 2022, Justice Jackson indicated her openness to the idea of an enforceable ethics code for the Supreme Court. This interview, conducted by Norah O'Donnell for "CBS Sunday Morning," comes ahead of the release of her memoir, "Lovely One," which is scheduled to be available on Tuesday, September 3, 2023.Justice Jackson's remarks regarding the enforcement of an ethics code were a response to the calls from Democrats for stricter ethics rules within the highest court of the land. The discussion gains significance as the court has faced scrutiny over its ethics practices and the lack of an enforcement mechanism for its own recently implemented conduct code.

Justice Jackson noted that a binding ethics code is "pretty standard" for judges in district and appeals courts. While federal judges have been subject to a code of conduct since 1973, Supreme Court justices were excluded from its provisions. However, the Supreme Court instituted its own conduct code for the first time in its history last November. Despite this development, the code currently lacks an enforcement mechanism, raising questions about the effectiveness of the established ethical guidelines for the court.

Reflecting on her experience in the lower courts, Justice Jackson emphasized that she was bound by an enforceable code during her tenure. This brings to light the question of whether the Supreme Court should operate differently from other courts in this regard. Justice Jackson pointed out that she has not seen a persuasive argument as to why the Supreme Court should be treated differently in terms of ethics enforcement compared to other courts.

President Biden has also expressed scrutiny over the Supreme Court's ethics practices and has proposed a binding code of conduct as part of a broader plan to reform the high court. The President's administration has criticized the court's current ethics measures as "weak and self-enforced," highlighting the growing demand for a more robust and enforceable code of conduct for Supreme Court justices.

Justice Elena Kagan has publicly voiced her support for an enforcement mechanism for the new ethics rules, emphasizing that such a system "would make sense" during remarks at an annual judicial conference. The call for enforcement mechanisms resonates with the increasing public discourse surrounding the ethics practices of the Supreme Court, propelled by investigative media reports that have raised concerns about potential ethical violations by some justices.

One prominent issue that drew public attention was the relationship between Justice Clarence Thomas and Harlan Crow, a wealthy Republican donor. Investigative reports revealed that Justice Thomas had accepted luxury vacations and traveled aboard Crow's private jet and yacht, raising questions about the transparency of these relationships and their potential influence on judicial impartiality. Such reports have intensified scrutiny of the Supreme Court's ethics practices, prompting a renewed focus on the disclosure forms filed by the justices and the need for greater transparency in their financial dealings.

Amid this backdrop of ethical scrutiny, Justice Ketanji Brown Jackson's openness to considering an enforceable code of ethics for the Supreme Court marks a significant development in the ongoing discourse surrounding judicial ethics at the highest level. Her willingness to engage with the idea of an enforceable code reflects a recognition of the importance of ensuring public trust in the impartiality and integrity of the judiciary.

The discussion about the need for an enforceable ethics code for the Supreme Court is part of a broader conversation about judicial accountability and the mechanisms in place to safeguard the integrity of the judiciary. An enforceable code of ethics could serve as a vital tool in upholding the principles of transparency and accountability, fostering public confidence in the judiciary's commitment to ethical conduct and impartiality.

Impact on Public Trust

Justice Jackson's concern about the decline of public trust in the Supreme Court aligns with recent survey findings that indicate a significant portion of the American public holds unfavorable views of the court. The implication of diminished public trust in the judiciary underscores the need for tangible measures that reinforce the court's commitment to ethical conduct and transparency.

As the debate over the need for an enforceable code of ethics for the Supreme Court continues, the willingness of Justice Ketanji Brown Jackson to engage with this issue adds a vital perspective to the ongoing discourse. The conversation about ethical standards and accountability at the highest level of the judiciary is crucial not only for the functioning of the courts but also for maintaining public confidence in the rule of law and the integrity of the justice system.

Broader Implications

The outcome of the discussions around an enforceable ethics code for the Supreme Court could have broader implications for the perception of the judiciary's accountability and transparency. If implemented, such a code could serve as a precedent for ethical standards in the judiciary, influencing the approach to judicial ethics in other courts and potentially setting a standard for ethical conduct that extends beyond the Supreme Court.

Moreover, the introduction of an enforceable ethics code for the Supreme Court could impact the court's previously established practices and procedures, requiring adjustments to the mechanisms for enforcing ethical standards and monitoring compliance. The potential challenges and opportunities associated with implementing an enforceable ethics code would need careful consideration to ensure its effectiveness and responsiveness to the unique context of the Supreme Court.

Justice Ketanji Brown Jackson's willingness to consider an enforceable code of ethics for the Supreme Court reflects a recognition of the evolving landscape of judicial ethics and the imperative of maintaining public confidence in the judiciary's impartiality and integrity. The ongoing discussions about the need for an enforceable ethics code for the Supreme Court represent a significant juncture in the broader discourse on judicial accountability and transparency, with implications that extend beyond the confines of the highest court in the land.