One would think that an embarrassed Supreme Court would do the right thing, and adopt at least a voluntary code of conduct
to fix this glaring oversight when it comes to the disclosure of gifts, and the need to recuse oneself if there is a conflict of interest. After all, why should the Supreme Court be exempted from rules that would land lower court judges in a lot of hot water? But several court members and allies of theirs have spoken out against even the hint of reform.
Congress has now prepared to do the job that the highest court seems reluctant to even discuss. But reformers were opposed by the court’s defenders, who claim such actions would violate the separation of powers and checks and balances. They’re wrong. “As the history of congressional regulation of Supreme Court ethics makes clear, it is squarely within Congress’s constitutional power to ensure the integrity of a coequal branch by holding Supreme Court justices to high ethical standards. Since the founding, Congress has played a central role in regulating the ethical conduct of the justices, first by requiring them to take an oath written by Congress.
If you agree that highest courts should face the same ethical standards as lowest courts, contact your member of Congress and let them know where you stand on theJohn A. Tures is a professor of political science at
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