Senate Judiciary Committee Chairman pushes for binding ethics rules on Supreme Court

Senate Judiciary Committee Chairman Dick Durbin is set to propose new legislation that aims to introduce binding ethics rules for the Supreme Court, following recent scrutiny of Justice Samuel Alito's conduct. The proposal, introduced by Democratic Sen. Sheldon Whitehouse, seeks to require the adoption of a binding code of conduct and the implementation of a mechanism for investigating alleged violations of ethics rules and other laws.

Unanimous Consent Request

Durbin, an Illinois Democrat, plans to request unanimous consent for the passage of the legislation on Wednesday evening. This means that any opposition from a single lawmaker could block its passage. However, it is expected that Republicans will object to the proposal, as they have previously expressed opposition to similar measures.

If passed, the legislation would mandate the Supreme Court to impose more stringent rules for the disclosure of gifts, travel, and income received by the justices and their law clerks. Additionally, it would establish a formal mechanism for investigating alleged violations of ethics rules and other laws, ensuring greater accountability within the judicial branch.

Background and Rationale

The need for the proposed legislation arose following revelations about Justice Clarence Thomas' undisclosed trips with a Republican donor and the display of certain flags associated with controversial movements at Justice Alito's residences. These incidents have reignited calls for formal, enforceable ethics rules within the Supreme Court, amid concerns about transparency and accountability.

Recent Developments and Controversies

Scrutiny of the Supreme Court's ethics practices intensified after it was revealed that an upside-down American flag was flown outside Justice Alito's Virginia residence in January 2021, and an "Appeal to Heaven" flag was displayed outside his New Jersey vacation home last summer. Both flags have been linked to the "Stop the Steal" movement, adding to the controversy surrounding the justices' conduct.