Key takeaways:
- Supreme Court Justice Elena Kagan has publicly declared her support for an ethics code for the U.S. Supreme Court.
- Kagan noted there are a number of actions that Congress could take to police justices, citing for instance that Congress is responsible for funding the court.
- Kagan’s remarks suggest that the Supreme Court is grappling with public concerns over its ethics practices, and that the justices are divided on how to proceed.
Supreme Court Justice Elena Kagan has publicly declared her support for an ethics code for the U.S. Supreme Court, but noted there is no consensus among the justices on how to proceed. This comes as public trust in the court is at a 50-year low following a series of polarized rulings, including the overturning of Roe v. Wade and federal abortion protections.
At a judicial conference in Portland, Oregon, Kagan said the high court is “not imperial,” apparently distancing herself from the view that Congress has no business in establishing ethics rules for justices. Justice Samuel Alito last month told The Wall Street Journal that “no provision in the Constitution gives them the authority to regulate the Supreme Court — period,” referring to Congress.
Kagan noted there are a number of actions that Congress could take to police justices, citing for instance that Congress is responsible for funding the court. She also said that “it won’t be a surprise to know that the nine of us have a variety of views about this.”
The Supreme Court has come under growing scrutiny for its lack of an official code of conduct, and Kagan’s comments come after several ethical controversies over Justice Alito’s decision to accept a lavish trip and private jet travel without disclosing it.
Kagan’s remarks suggest that the Supreme Court is grappling with public concerns over its ethics practices, and that the justices are divided on how to proceed. It remains to be seen what action Congress will take to address the issue.
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