Senators sharply disagreed on whether Congress can impose a code of conduct on the Supreme Court amid recent controversies.
Former US district judge Jeremy Fogel, former US Attorney General and former US District Judge for the Southern District of NY Michael Mukasey, Kedric Payne, Vice President, General Counsel, and Senior Director of Ethics at Campaign Legal Center of Washington, DC, Thomas Dupree Jr, and Professor Amanda Frost are sworn in during a US Senate Judiciary Committee hearing regarding Supreme Court ethics reform, on Capitol Hill in Washington, DC, May 2, 2023.
All nine current members of the Supreme Court, including the three liberal justices, have suggested they oppose legislative proposals for independent oversight and mandatory compliance with ethics rules. Last week they signed a rare public statement on "ethics principles and practices" reaffirming voluntary adherence to a general code of conduct but resisting outside regulation.
The panel was divided, however, on the role of Congress in this debate. Republicans argued Congress has no authority to impose enforceable ethics rules and outside enforcement.Legal experts, too, were split on the matter in Tuesday's hearing. Though J. Michael Luttig, a former federal appellate judge popular among conservatives, said in
Other GOP members echoed that argument, claiming this ethics argument is an attempt by Democrats to push back against the court in light of recent decisions by the conservative majority. Retired federal judge Jeremy Fogel, who once sat on the Judicial Conference's Committee on Financial Disclosure, which facilitates compliance with federal ethics law across the judiciary, testified that the "absence of a formal structureis untenable and that a lack of clarity feeds the perception" of a partisan Supreme Court. He recommended an independent panel of retired judges to confidentially work with the justices to ensure compliance with their guidelines.
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