May 2, 2022
Supreme But Not Immune: Creating a Binding Code of Ethics for Supreme Court Justices
The U.S. Supreme Court is in the midst of a legitimacy crisis. Recent revelations regarding Ginni Thomas's political activities and how they relate to cases that have or might come before her husband, Justice Clarence Thomas, have drawn renewed attention to the lack of a binding code of ethics for Supreme Court justices. Already bruised and battered by the controversial confirmations of Justices Gorsuch, Kavanaugh, and Barrett and a series of decisions that appear more political than jurisprudential, the perception that each justice decides for themselves what is and isn't ethical further weakens the Court's reputation and legitimacy before a skeptical country.
Join ACS for a discussion of the approaches the judiciary and Congress might pursue to create an effective, binding code of ethics for Supreme Court justices and the ways in which such a move could begin to restore legitimacy and trust in an impartial Supreme Court.
Kimberly Humphrey, Senior Legislative Counsel, Alliance for Justice, Moderator
Veronica Root Martinez, Professor of Law, Robert & Marion Short Scholar, Director, Program on Ethics, Compliance & Inclusion, University of Notre Dame Law School
Louis J Virelli III, Professor of Law, Stetson University College of Law