U.S. Supreme Court Chief Justice John Roberts has declined an invitation to testify at an upcoming Senate Judiciary Committee hearing regarding potential reforms to ethics rules governing the justices. The committee’s Democratic chairman, Dick Durbin, had asked Roberts to appear before the panel to address “a steady stream of revelations” regarding justices falling short of ethical standards.
Roberts cited concerns about the separation of powers between the three branches of the U.S. government in his response to the invitation. He stated that appearances by chief justices before Congress are exceedingly rare and that he would “respectfully decline” the invitation.
The recent focus on potential conflicts of interest for the justices has brought the court’s lack of a formal ethics code to the forefront. Justice Clarence Thomas, the longest-serving of the court’s nine justices, has come under pressure following published reports by news outlet ProPublica detailing his relationship with Dallas businessman Harlan Crow, including real estate purchases and luxury travel paid for by Crow.
Durbin had previously asked Roberts to investigate the ties between Thomas and the Republican donor. The recent reporting on this issue has raised questions about potential conflicts of interest between the justices and the court.
Durbin responded to Roberts’ letter by stating, “Supreme Court ethics reform must happen whether the Court participates in the process or not.” He further stated that it was time for Congress to establish and enforce a code of ethics for the Supreme Court, which is the only agency of the government without one.
The Supreme Court spokesperson included five pages of information about current judicial ethics standards in their response to Durbin’s request. However, the lack of a formal ethics code has led to criticism and calls for reform.
The issue of ethics on the Supreme Court is not a new one. In recent years, several high-profile cases have called into question the impartiality and ethics of some justices. For example, in 2016, Justice Ruth Bader Ginsburg made negative comments about then-presidential candidate Donald Trump, leading some to question her ability to remain impartial in cases involving him.
The lack of a formal ethics code has also allowed justices to engage in activities that might be seen as conflicts of interest in other branches of government. For example, justices are allowed to teach at law schools or serve on corporate boards, which could potentially create conflicts of interest in cases involving those institutions.
The issue of ethics on the Supreme Court is complex and has no easy solution. However, many believe that the lack of a formal ethics code is a problem that needs to be addressed. Whether or not Congress takes action to establish such a code remains to be seen.