The U.S. Supreme Court’s ethics scandal deepened this week after a bombshell report from The New York Times shed light on secret deliberations among the justices about their so-called ethics code. While the court touted the release of a landmark code of conduct last year, critics have pointed out that the document lacks enforcement mechanisms, effectively reducing it to a 14-page list of suggestions.
Behind Closed Doors: Leaked Details of Justice Deliberations
According to the Times, the justices began exchanging ultra-confidential memos last summer, steering clear of emails to ensure the discussions remained hidden. These memos reveal that Chief Justice John Roberts, once a staunch defender of the court’s lack of binding ethics rules, felt compelled to propose changes due to mounting public pressure. The catalyst? Explosive revelations that Justice Clarence Thomas accepted millions in undisclosed gifts over two decades, including luxury travel and real estate deals funded by GOP megadonor Harlan Crow.
Despite Roberts’ push for reform, conservative justices Neil Gorsuch, Clarence Thomas, and Samuel Alito strongly resisted any meaningful accountability. Gorsuch emerged as a vocal opponent, rejecting proposals for enforceable ethics standards. Alito and Thomas, embroiled in their own controversies, joined Gorsuch in arguing that critics of the court were acting in bad faith.
Liberals Advocate for Accountability
The court’s three liberal justices—Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson—supported establishing some form of enforcement to address public concerns. Kagan floated a compromise: creating a non-punitive advisory body of federal judges to help justices navigate ethical dilemmas and disclosures. While the proposal was aimed at maintaining the court’s independence, it was ultimately ignored.
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Instead of taking meaningful action, the justices codified broad loopholes into the ethics code. For example, the final version places no limits on accepting gifts, luxury travel, or real estate deals—all of which have been at the center of the scandals surrounding Thomas.
Book Deals Get a Free Pass
One notable addition to the code is an explicit exemption for book deals and sales, allowing justices to use court staff to assist with promotional activities. This carve-out follows criticism of Justice Sotomayor for using court resources to promote her lucrative publishing projects, which have earned her millions since joining the court.
Public Confidence Erodes Further
Critics were quick to slam the code’s lack of teeth. Michael Waldman, president of the Brennan Center for Justice, called the new rules “more loophole than law” and argued they would do little to restore public trust in the court. The document, signed by all nine justices, includes vague language about avoiding “partisan interests” but fails to implement mechanisms to ensure compliance.
With public confidence in the judiciary already at historic lows, the leaks revealing the justices’ behind-the-scenes maneuvers to weaken ethics rules will likely add fuel to the fire. The court’s conservative majority has repeatedly rebuffed calls for transparency and accountability, doubling down on the very behaviors that have led to widespread criticism.
A Missed Opportunity for Reform
Instead of addressing valid concerns about corruption and impartiality, the Supreme Court’s ethics code seems designed to shield its members from scrutiny. By prioritizing self-interest over accountability, the justices have undermined their own credibility and further polarized public opinion.
As the court continues to face intense scrutiny, this latest leak exposes a disturbing truth: the institution tasked with upholding justice remains unwilling to hold itself to the same standard.
Featured image via screengrab
