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By Khaleda Rahman
National Correspondent
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The Supreme Court could face scrutiny under proposed legislation that would create a dedicated office to investigate alleged ethics breaches by the justices.
On Tuesday, Representative Dan Goldman introduced the Supreme Court Ethics and Investigations Act. The bill would establish an Office of Investigative Counsel at the Court to probe alleged instances of ethical impropriety by the justices and report its findings to Congress and an Office of Ethics Counsel to provide ethics training and advice to justices and their spouses, according to a news release from Goldman's office.
This comes after a series of scandals involving justices have led to public trust in the nation's highest court falling to record lows. Last November, the justices adopted a code of conduct following sustained criticism over undisclosed gifts and trips to some of them, but it lacks any means of enforcement.
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Most recently, Justice Samuel Alito has faced calls from Goldman and other Democratic lawmakers to recuse himself from major cases involving Donald Trump after it emerged that two flags like those carried by rioters during the January 6, 2021, Capitol assault had been flown outside two of his homes. In letters to lawmakers, the conservative justice refused to recuse himself from the cases, saying that his wife decided to fly the flags outside their homes in Virginia and New Jersey.
Another conservative justice, Clarence Thomas, has rejected calls to recuse himself from cases related to the 2020 presidential election, even though his wife, Virginia Thomas, supported efforts to overturn the results.
"Our nation's highest court is facing an unprecedented crisis of legitimacy because there is no enforceable code of ethics and no accountability to the fundamental norms required of all other judges," Goldman said in a statement. "It is imperative — for the health of our democracy — that we restore faith in the Supreme Court immediately."
The legislation, he said, is "a sorely needed first step to hold Supreme Court Justices accountable and ensure the highest court does not have the lowest ethical standards."
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Representative Jerry Nadler, the top Democrat on the House Judiciary Committee and a co-sponsor of the legislation, said: "We expect the justices of the Supreme Court to adhere to the highest standards of ethical conduct, but their conduct too often falls short.
"With the Supreme Court Ethics and Investigations Act, we can ensure that justices are accountable for their actions and help rebuild the crumbling respect for our nation's highest Court."
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