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The Supreme Court's new term and its ethical challenges

Summary

The Supreme Court’s new term is marked by significant ethical challenges, as ongoing scrutiny over justices’ conduct has prompted calls for reform. The New York City Bar Association has asserted that Congress possesses the constitutional authority to establish binding ethics rules for the Court, amid concerns over potential conflicts of interest and lack of accountability among justices.

As the Supreme Court begins its new term, it faces mounting pressure to address ethical issues, particularly concerning Justices Clarence Thomas and Samuel Alito, who have been accused of accepting undisclosed gifts and failing to recuse themselves from cases where conflicts may exist. The NYC Bar Association’s recent report emphasizes that Congress can implement an enforceable code of conduct under provisions of the Constitution, including the Necessary and Proper Clause and impeachment provisions. This comes at a time when public confidence in the Court is perceived to be eroding, prompting discussions on potential reforms such as term limits for justices and the establishment of a Judicial Investigation Panel to handle ethical complaints.

Calls for Reform

The push for reform is not limited to the NYC Bar Association; former Florida Supreme Court Chief Justice Barbara J. Pariente has also advocated for term limits, suggesting that structured accountability measures could enhance judicial independence. She argues that the current lifetime appointments may lead to a lack of accountability, which is contrary to the founders’ original intent.

Proposed Mechanisms

In light of these controversies, proposals have emerged to create a binding, enforceable code of conduct for the justices. This includes a suggestion for a panel of federal judges to determine recusal requests, which would ensure that justices cannot judge their own cases. Such mechanisms aim to restore public trust and ensure that justices adhere to ethical standards similar to those expected of lower court judges.

Political Pushback

Despite the calls for reform, there is significant resistance from Republican lawmakers, who argue that such changes could infringe upon the separation of powers. Figures like House Speaker Mike Johnson have labeled these proposals as attempts to delegitimize the Court. The debate over ethics reform in the Supreme Court is likely to continue as the Court navigates its new term amid these challenges.

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