Dems want Supreme Court to adopt code of conduct, GOP claims bias.

Democrats and Republicans Clash Over Supreme Court Ethics

At a recent oversight hearing, tensions ran high as Democrats and Republicans debated the need for a code of conduct governing the behavior of Supreme Court justices. Democrats argued that such a code was necessary, while Republicans accused them of manufacturing a phony ethics crisis to justify cracking down on the conservative-led court.

The Clarence Thomas Controversy

The discussion centered largely on Supreme Court Justice Clarence Thomas, who was recently revealed to have taken luxurious vacations provided by wealthy Republican donor Harlan Crow without publicly disclosing them. Democrats claim that the gifts are proof of corruption, but legal experts say that Thomas did nothing wrong in not disclosing the vacations, which he was advised did not have to be reported. Furthermore, there was no conflict of interest because Crow did not have any business before the Supreme Court.

Roberts Declines Invitation

Senate Judiciary Committee chairman Dick Durbin (D-Ill.) invited Chief Justice John Roberts to testify at the hearing in person, but Roberts declined, saying that attending could harm the independence of the judiciary. Durbin criticized Roberts for not attending, calling it “judicial malpractice.”

Roberts’ letter (pdf) included a “Statement on Ethics, Principles, and Practices” signed by all nine Supreme Court justices, in which they reiterated that they voluntarily follow the rules established by the Judicial Conference of the United States, a body created by Congress. However, legal experts say that it is not clear whether they are required to do so, as the Supreme Court has a special status that allows it to regulate its own internal workings.

Congress Must Act

Durbin slammed the court, saying that “the Supreme Court of the United States of America does not consider itself bound by these rules.” He argued that if “the court will not act, Congress must.” Other legal experts agreed, with former Judge Michael Luttig stating that Congress has the power to enact laws prescribing ethical standards for the Supreme Court, and Amanda Frost, a professor at the University of Virginia School of Law, arguing that recurring ethics violations by some justices demand a congressional response.

Republicans Accuse Democrats of Attacking the Court

However, Republicans, such as Sen. Lindsey Graham (R-S.C.), accused Democrats of attacking the legitimacy of the court, which has become more conservative in recent years. Graham dismissed the Democrats’ efforts, saying that “this is not going to work.”