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As the U.S. Supreme Court prepares its new nine-month term, the spotlight isn’t solely on the upcoming pivotal cases. The ethical conduct of the justices is under scrutiny, amplifying concerns over their ties to influential figures.
Ethical Concerns Loom Over Supreme Court
Without a binding ethics code, the Supreme Court has recently been embroiled in controversies involving some of its nine justices. These revelations span interactions with affluent individuals, including private jet trips, extravagant vacations, real estate transactions, and more.
The implications of these ethical concerns extend to Justices Clarence Thomas and Samuel Alito, both members of the court’s conservative majority. Questions loom about their potential recusal from cases entangled with their connections to involved parties.
Ongoing Ethics Debate
Legal experts predict that the ethics debate will persist, even as the court tackles cases that could further define gun rights and limit federal agency regulatory authority.
Jeremy Fogel, a retired federal judge and the head of the Berkeley Judicial Institute at the University of California, Berkeley School of Law, expressed, “The usual inquiry at the beginning of a term is, ‘What are the big cases and how is the court likely to rule on those cases?’ But the question about the court’s administration of its own business – I don’t remember ever seeing that at the beginning of a term.”
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Additional Pressure on a Divided Court
The mounting ethical concerns pressure a court already grappling with dwindling public approval. Recent landmark rulings by the conservative majority, including the rejection of a constitutional right to abortion, an expansion of gun rights, and the denial of affirmative action in collegiate admissions, have contributed to a decline in the court’s favorability.
An August Reuters/Ipsos poll found that only 39% of surveyed U.S. adults held a positive view of the court, a drop from 52% in a June 2022 poll conducted just before the abortion decision.
Differing Perspectives on Ethics Allegations
Conservatives argue that the ethics narrative surrounding the court is politically motivated, with liberals attempting to undermine its conservative tilt.
John Malcolm, a legal scholar at the conservative Heritage Foundation think tank, remarked, “I’m sure that it is to some degree hanging like an albatross over the heads, certainly, of Clarence Thomas and Samuel Alito. I believe it is the most concerted effort by the left to question the impartiality of and attack the court’s integrity. I think it’s shameful.”
Questions Surrounding Recusal
ProPublica has extensively covered luxurious trips enjoyed by Justice Thomas, courtesy of Texas businessman Harlan Crow, and real estate transactions involving Thomas and a billionaire Republican donor. Recent reports also revealed Thomas’s attendance at summit meetings hosted by the conservative Koch network, which is engaged in a significant case this term.
Justice Alito, too, faced scrutiny for a 2008 private jet trip provided by billionaire hedge fund founder Paul Singer. Alito defended himself, asserting that he had “no obligation” to recuse himself from cases connected to Singer. The justices have the prerogative to decide whether to disqualify themselves due to conflicts of interest.
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Calls for Ethical Regulations
Media reports have additionally highlighted a real estate transaction involving Justice Neil Gorsuch and the CEO of a major law firm, along with aides promoting book sales by liberal Justice Sonia Sotomayor during her public speaking events.
The lack of formal ethics rules for the justices, including guidelines for recusals, has led some legal experts to question their impartiality. Geoffrey Stone, a University of Chicago Law School professor, emphasized, “I don’t think there’s any principled reason why the justices of the Supreme Court should not be held to the same types of regulations as other federal judges.”
Fogel added, “The absence of an ethics code will continue to fuel doubts, fairly or unfairly, about the court’s integrity.”
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