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US Supreme Court adopts ethics code amid increased scrutiny

November 13, 2023

The code comes after revelations that Justice Clarence received years of luxury vacations from a top Republican donor. Other justices' undisclosed relationships have also been questioned.

The US Supreme Court in Washington
The ethics code does not appear to impose any new requirements on the nine Supreme Court judgesImage: Jemal Countess/Newscom/picture alliance

The US Supreme Court adopted a new ethics code for its nine justices on Monday, months after undisclosed luxury trips with wealthy benefactors caused a major scandal.

It's the first time the Supreme Court justices will be bound by an ethics code — something most other judges in the United States already have.

The court said that the lack of a code "has led in recent years to the misunderstanding that the justices of this court, unlike all other jurists in this country, regard themselves as unrestricted by any ethics rules."

"To dispel this misunderstanding, we are issuing this code, which largely represents a codification of principles that we have long regarded as governing our conduct," it said.

What does the ethics code say?

The code, which was agreed to by all nine justices, does not appear to impose any new requirements.

It states that justices should not allow outside relationships to influence their official conduct or judgment and reiterates limits for accepting gifts.

Additionally, the code states that justices should not "to any substantial degree" use their judicial resources or staff to engage in non-official activities.

A commentary elaborating on some of the code's provisions also states that justices who are presented with a speaking opportunity should "consider whether doing so would create an appearance of impropriety in the minds of reasonable members of the public."

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Why is ethics in the spotlight?

The issue of ethics in the Supreme Court has become a flashpoint between Democrats, who have in recent months demanded a formal code, and Republicans, who have viewed these demands as a backlash to the court's conservative rulings.

The undisclosed gifts and relationships of Supreme Court justices gained national attention after an investigation by news website ProPublica.

The investigation found that Justice Clarence Thomas, one of the most conservative members of the court, had received years of luxury holidays as well as favorable real estate deals from Texas developer Harlan Crow, who is also a top Republican donor.

A report by Senate Democrats in October also found that Thomas appeared not to have repaid a "significant portion" of a $267,230 (€249,596) loan he received from his longtime friend, businessman Anthony Welters, to buy a luxury motor coach.

ProPublica also reported on Justice Samuel Alito's Alaskan fishing trip with another major Republican donor, while the Associated Press reported that Justice Sonia Sotomayor advanced sales of her books through college visits over the past decade.

zc/lo (AP, Reuters)

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