Senate Republicans block Democrats’ Supreme Court ethics bill
WASHINGTON â Senate Republicans on Wednesday blocked a Democratic-sponsored bill that would require Supreme Court justices to adopt a binding code of conduct.
âThe highest court in the land cannot and should not have the lowest ethical standards,â said Judiciary Committee Chairman Dick Durbin, D-Ill., in a floor speech before the motion.
Durbin took to the Senate floor and sought to pass the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act by âunanimous consentâ on Wednesday, which immediately faced Republican opposition.
As he promised to do one day earlier, Sen. Lindsey Graham, R-S.C., led a group of GOP senators in blocking the Democratic request, effectively stalling the legislation.
Graham called the bill an âunconstitutional overreachâ that would âundermine the courtâs ability to operate effectively.â He was joined by Sens. John Kennedy, R-La., Mike Lee, R-Utah, and others in objecting to passage of the measure.
âI do not think this bill is about ethics. This bill is about abortion,â Kennedy said on the floor Wednesday, accusing Democrats of pushing it because theyâre angry the court overruled Roe v. Wade.
That sparked a debate on the floor of the chamber, with numerous Democrats chiming in to make the case for the bill as an instrument of transparency and a way to protect the legitimacy of the court.
The bill would require the high courtâs justices to adopt a binding code of conduct, create a mechanism to investigate alleged violations of that code and other laws, require justices to explain decisions to recuse themselves from cases and improve disclosure rules when a justice is connected to a party or amicus in a case.
âThe Supreme Court has squandered its almost mystical authority, its unique power in the federal government,â Sen. Richard Blumenthal, D-Conn., said in a floor speech.
Later he appealed directly to Chief Justice John Roberts, urging him to endorse the legislation.
During his floor speech, Durbin argued that the vote âshould not be a partisan issue,â adding that it would be a âgood thingâ for both the court and country.
But the bill did attract blowback squarely along party lines, with a string of Republicans delivered floor speeches criticizing the bill ahead of the vote.
Graham said that the bill is about âunderminingâ the court, rather than improving it. Kennedy argued that Democratsâ actions were motivated not by ethics, but by abortion, referring to the Supreme Court overruling Roe v. Wade.
Lee argued that Democrats were motivated by having cases before the Supreme Court and their concerns about the outcomes of those cases.
Democrats also failed to pass the bill last summer as lawmakers voted along party lines, and itâs unclear if Senate Majority Leader Chuck Schumer, D-N.Y., will bring it up for a vote through the normal legislative process.
âChief Justice Roberts is supposed to be the guardian of the courtâs reputation. In my judgment and the judgment of so many Americans, heâs derelict in that responsibility,â Schumer said Wednesday, adding that he will discuss next steps with Durbin if Republicans blocked the ethics legislation.
The vote comes ahead of several major decisions the Supreme Court is expected to issue in the next few weeks, including on former President Donald Trumpâs claim of presidential immunity in his quest to get the federal charges against him thrown out; a Jan. 6, 2021-related case and on the legality of medication used to perform abortions.
Alito and his wife have faced scrutiny following reports by The New York Times about them flying an upside-down American flag outside their home in the days after the Jan. 6 insurrection. In response, Durbin called on Alito to recuse himself from cases related to the 2020 election, but the justice rejected that request.
Separately, conservative Justice Clarence Thomas has been accused of acting unethically after it was reported last year that he failed to properly disclose trips and gifts paid for by wealthy GOP donor Harlan Crow. Last week, Thomas reported a 2019 trip to Bali with Crow in his annual financial disclosures report. The report for Justice Ketanji Brown Jackson showed she received concert tickets worth $3,700 from Beyoncé.
The Supreme Court adopted a new code of ethics last November, that states that justices shouldnât engage in political activity and justices are supposed to step aside from cases if their impartiality can be questioned. The code, however, is only self-enforcing.