In a landmark move, the US Supreme Court has introduced its inaugural ethics rules, a nine-page “code of conduct,” as scrutiny mounts over justices’ receipt of gifts and perks. While federal judges in lower courts have long adhered to an ethical code, this marks the Supreme Court’s first independent set of rules. Responding to recent criticism, the code is divided into four sections outlining guidelines for justices’ behavior, duties, non-judicial activities, and financial engagements.
The release follows revelations of gifts and holiday arrangements provided to justices, raising concerns about potential biases and financial interests. Notably, the code lacks an enforcement mechanism, relying on justices to voluntarily comply with its “rules and principles.” Critics argue that the use of “should” instead of mandatory terms renders the rules insufficient in addressing the court’s ethics issues.
Despite this, the move reflects an acknowledgment by the justices of the significant public concern surrounding their ethics. The guidelines advise justices to evaluate whether speaking at external events might create an appearance of impropriety. However, the absence of explicit enforcement mechanisms raises questions about the effectiveness of the newly established code. The Supreme Court notes its consideration of seeking additional guidance on financial disclosure and case recusal, indicating a potential evolution of the rules in the future. Public trust in the Supreme Court has faced challenges in recent times, with controversies contributing to a decline in confidence.
