Supreme Court Justice Ketanji Brown Jackson recently expressed her openness to the idea of an “enforceable” code of ethics for the Supreme Court. In an interview aired on “CBS News Sunday Morning,” CBS’s Norah O’Donnell asked Jackson if she supports President Biden’s proposal for a binding code of ethics that would enforce disclosure of gifts and recusals for Supreme Court justices. This proposal comes amidst growing scrutiny of some justices for not disclosing luxury gifts and trips.
Justice Jackson responded to O’Donnell’s question by highlighting the standard nature of a binding code of ethics for judges. “So, you know, a binding code of ethics is pretty standard for judges. And so I guess the question is, ‘Is the Supreme Court any different?’ And I guess I have not seen a persuasive reason as to why the court is different than the other courts,” she said.
When pressed further by O’Donnell on whether she would support an enforcement mechanism for the justices, Jackson indicated her general support. “I am considering supporting it as a general matter. I’m not gonna get into commenting on particular policy proposals. But from my perspective, I don’t have any problem with an enforceable code,” Jackson stated.
Justice Jackson’s remarks follow similar comments made by Justice Elena Kagan, who last month called for a way to enforce the Supreme Court’s code of ethics. At an annual judicial conference held by the 9th Circuit, Kagan emphasized the need for such a system. “Both in terms of enforcing the rules against people who have violated them but also in protecting people who haven’t violated them — I think a system like that would make sense,” Kagan said, as reported by The Associated Press.
The Supreme Court had already adopted a code of ethics last year after some justices faced criticism for not disclosing gifts and trips. However, the current code does not include an enforcement mechanism, which has led to calls for further reforms.
In July, President Biden proposed a three-part plan for the Supreme Court that includes implementing term limits for justices, establishing a binding code of ethics, and introducing a constitutional amendment to counteract the Supreme Court’s recent decision on presidential immunity. While Biden’s proposals align with calls from other Democrats for reforms to the Supreme Court, these measures are likely to face significant challenges in getting enacted.
Jackson’s willingness to consider an enforceable code of ethics signals a potential shift in the Court’s approach to transparency and accountability, an issue that has gained increasing attention in recent years.
