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Chief Justice John Roberts recently expressed his unwavering commitment to upholding the highest standards of conduct within the Supreme Court. Amid increased scrutiny from the public and Congress, Roberts assured that he is dedicated to ensuring the court maintains its integrity.
Speaking at an awards ceremony hosted by the American Law Institute, Roberts stated, “I want to assure people I am committed to making certain that we as a court adhere to the highest standards of conduct.” He acknowledged the ongoing efforts to identify practical measures that can be implemented to achieve this goal. Roberts emphasized that it is possible to establish such measures while respecting the court’s status as an independent branch of government under the constitution’s separation of powers.
These remarks mark Roberts’ first public comments outside of court since September when he defended the court against claims that it was losing its legitimacy. The statement comes at a time when Congress is conducting investigations into the conduct of Justice Clarence Thomas and considering the possibility of enacting legislation to establish a code of conduct specifically for the Supreme Court.
Recently, the Supreme Court has been embroiled in various ethical controversies. Many of these controversies revolve around lavish vacations and other benefits received by Justice Thomas from Republican megadonor Harlan Crow. Thomas has also faced scrutiny for his involvement in cases related to the January 6 Capitol attack, despite efforts by his wife, conservative activist Virginia “Ginni” Thomas, to influence the Trump administration’s actions regarding the election results.
Additionally, a New York Times report revealed that a network of anti-abortion activists had used a charity associated with the court to cultivate relationships with the justices and exert influence over them. These controversies have prompted calls for the Supreme Court to adopt a binding code of conduct similar to the one that applies to other federal judges.
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Throughout these controversies, Roberts has maintained silence. When Senate Judiciary Committee Chair Dick Durbin asked to testify on ethics reform, Roberts declined the request. He provided a letter that did not indicate any concerns about the ongoing controversies and attached a four-page statement signed by all nine justices, which largely reiterated the court’s existing ethics practices.
During his recent remarks, Roberts highlighted the erection of barriers around the Supreme Court as the most challenging decision he has made during his tenure. The fence was constructed in response to passionate protests following the court’s decision to overturn Roe v. Wade, effectively eliminating the constitutional right to abortion. Roberts also mentioned the impact of protestors outside justices’ homes and the increased need for marshal protection.
The Supreme Court has undergone a transformation since former President Donald Trump appointed three conservative justices. The court has overturned abortion rights, established stringent tests for gun regulations, reinforced religious rights, and limited the power of federal regulatory agencies in addressing significant issues such as climate change.
Roberts, appointed by Republican President George W. Bush in 2005, has occasionally sought to moderate the pace of change. In the recent abortion case, he unsuccessfully urged his colleagues to avoid fully overturning Roe v. Wade.
As the current nine-month term of the Supreme Court nears its end, important decisions on topics such as the use of race in college admissions, President Joe Biden’s student-debt relief plan, and federal election law are yet to be made.
Justice Elena Kagan, a liberal-leaning justice, presented the award to Roberts at the American Law Institute event. Although Kagan and Roberts maintain a close relationship and have crafted consensus opinions in the past, Kagan has been critical of the court, suggesting that it may be undermining its own legitimacy.
While accepting the award, Kagan praised Roberts’ judicial craftsmanship. She humorously acknowledged their disagreements, stating, “There’s a lot the chief and I don’t agree on, except apparently about copyright, where we are two kindred souls.” Kagan stressed the importance of their differing opinions, acknowledging that they have consequences that impact society and people’s lives.
Chief Justice John Roberts affirmed his commitment to upholding the highest standards of conduct within the Supreme Court. Despite ongoing ethical controversies surrounding the court, Roberts expressed his dedication to ensuring its integrity and independence. The court’s decisions and actions continue to be closely watched by both the public and Congress as they navigate crucial legal matters.
