The U.S. Supreme Court adopted its first-ever ethics code in 2023.
Following public trust concerns and controversies over Supreme Court justices’ financial disclosures (eg private trips sponsored by rich business man who benefited from rulings), summer 2023 saw Supreme Court justices swapping memos like secret agents—after which, the nine justices unanimously agreed on a first-ever code of ethics. However, behind the scenes, the court was divided on a critical issue: enforcement.
New York time has the story:
Inside the Supreme Court Ethics Debate: Who Judges the Justices?
In private meetings and memos, the justices made new rules for themselves — then split on whether they could, or should, be enforced.
The team seem to stand alone partisan lines. Justice Clarence Thomas and Justice Alito dismissed critics as politically motivated, backed by the upcoming Trump administration. Meanwhile, the liberal justices proposed enforceable rules, but their arguments doesn’t count.
“It’s not a blue/red issue,” Judge Fogel said. “If confidence in the Supreme Court tanks, then confidence in the whole system tanks.”
DIY Ethics – Supreme Style
Unlike lower courts with ethics committees and oversight, the Supreme Court remains a bastion of self-regulation. From Justice Jackson’s Beyoncé concert freebies to multi-million-dollar book advances, the justices have kept the perks flowing—now officially condoned under the new code.
Despite public outcry and tumbling trust, the court remains firm: ethics are for everyone else. And with Trump returning and Republicans controlling Congress, the court is safe from reform—for now, it’s ethics on the honor system, starring the same justices whose behavior sparked the uproar.
Patience—for a branch designed to check power, its greatest accountability gap lies within…