TBA Law Blog

TBA Law Blog

Senate Judiciary Chair Calls for Enforceable Ethics Code for Supreme Court

Posted by: Azya Thornton on Sep 18, 2024

During a closed-door meeting of the U.S. Judicial Conference on Tuesday, Sen. Dick Durbin, Democrat of Illinois and chair of the U.S. Senate Judiciary Committee, urged U.S. Supreme Court Chief Justice John Roberts to implement an enforceable ethics code for the court. Durbin argued that the court's recently adopted code — its first formal set of ethical guidelines for the nine justices — lacks necessary enforcement mechanisms, according to Reuters. Adopted in November 2023 after reports that justices received undisclosed gifts and luxury trips, the new code allows members of the court to self-regulate their recusal decisions, unlike the binding standards for lower-court judges. Durbin emphasized that while the new code represents a step forward, it must be made enforceable. President Joe Biden also has called on Congress to establish a binding code for justices. Others argue, however, that the U.S. Constitution does not give Congress the authority to regulate the court.

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