On Tuesday, the Senate Judiciary Committee heard a non-binding statement on ethics principles and practices signed by all nine justices of the Supreme Court. Democrats criticized the memo, claiming it would threaten the constitutional separation of powers. Meanwhile, leading Republican lawmakers dismissed recent scrutiny of the justices as an effort to undermine their conservative supermajority.
The nine justices do not have a binding code of ethics, although court transparency advocates and some lawmakers have long pressured them to adopt one. A separate bill proposed by Sen. Sheldon Whitehouse (D-RI) would require that they follow an ethics code and implement standards for disclosing travel and gifts in line with rules for members of Congress. This bill also proposes creating an investigative board to review complaints against justices.
Both Michael Luttig, a former federal appellate judge appointed by George H.W. Bush, and Laurence Tribe, a liberal legal scholar from Harvard Law School, testified at Tuesday's hearing that Congress does not have the power to require such standards be adopted by the high court itself.
This issue has come into focus due in part to stories about ethical standards on the court - notably Justice Clarence Thomas' relationship with conservative billionaire Harlan Crow who paid for expensive trips taken by Thomas; these were left undisclosed until recently brought up in various media reports.
Senators from both parties invited legal experts including lawyers and former judges to testify during this hearing on whether or not there should be more stringent ethical codes enforced within The Supreme Court following these allegations surrounding Justice Thomas alongside his wife Ginni's right-wing activism.
Lawmakers thus far have introduced three bills aiming at imposing restrictions related specifically towards court conduct while another bipartisan proposal faces potential difficulty passing through divided Congress; however even if successful could still face additional challenges legally speaking going forward given its controversial nature especially amongst certain demographics politically speaking overall here within United States today moving ahead into future elections coming up soon down road for all involved parties concerned.
Ultimately, the Senate Judiciary Committee's hearing signals that public and congressional focus on Supreme Court ethics is influencing the justices' actions. Last week, all nine of them signed a joint statement on their ethics practices, indicating a consensus that concerted action might be necessary to counter media reports and lawmaker letters raising doubts about the integrity of the court.
Sen. Dick Durbin (D-IL) has called for "clear and enforceable rules" in an ethics reform effort at the Supreme Court following recent revelations related to Justice Clarence Thomas receiving lavish gifts from billionaire Republican donor Harlan Crow. While over a dozen Senate Democrats have supported proposals requiring ethical codes, Thomas declined to testify at Tuesday's hearing.