John,
Unlike judges in the lower courts, Supreme Court Justices are not bound by a Judicial Code of Conduct. Their decisions as to whether basic judicial standards apply to them are left entirely up to their own discretion. As we have seen major ethical violations continue to emerge in recent months, it has become clear:
The Senate must act to establish a clear set of ethical standards for the Supreme Court.
Justice Clarence Thomas’ accepting, and not disclosing, millions of dollars worth of gifts and travel, not just from billionaire mega-donor Harlan Crow, but also from multiple wealthy benefactors through the Horatio Alger Association, is one of the most glaring examples. Nor did Thomas recuse himself from cases related to the January 6 insurrection in which he had conflicts of interest due to his wife’s activism.
But other justices too have had ethical lapses, including Neil Gorsuch, Samuel Alito, Brett Kavanaugh, Amy Coney Barrett, and Chief Justice John Roberts.
Clearly it’s time for the U.S. Supreme Court to be held to a coherent set of ethical standards. Click here to urge the Senate to develop and codify ethical standards for the Supreme Court.
Justice Neil Gorsuch sold a 40-acre Colorado property for over $1.8 million to the CEO of Greenberg Traurig, a law firm that has had 22 cases before the Supreme Court during Gorsuch’s tenure. Instead of recusing himself, Gorsuch sided with the firm in 67% of the 12 cases in which he filed an opinion, begging the question: did his business relationship with the firm’s CEO bias his judgments?
Gorsuch also spoke at a private gathering of the Florida Federalist Society in 2022 alongside Gov. Ron DeSantis and former Vice President Mike Pence, and he did not recuse himself from a case involving Penguin Random House Books, which has paid him over $650,000 in book sales.
The head of the National Organization for Marriage met privately with Justices Samuel Alito and Brett Kavanaugh -- how much did this boost their amicus briefs in three cases before the Court? Alito also received a fishing trip to Alaska from a top Republican donor, and he did not recuse himself from cases involving Disney, Merck, Rockwell, and PNC Bank -- all companies in which he held stock.
The right wing group Americans for Prosperity spent over $1 million to help get Justice Amy Barrett confirmed, but she did not recuse herself from their case in 2021. Justice Barrett even had dinner with Senator Mitch McConnell and his friends at the University of Louisville, then stood by him to give a speech claiming the Court should not be seen as political!
And Chief Justice Roberts’ wife has earned millions placing prominent Washington lawyers at top law firms, some of which have cases before the Supreme Court. Like Alito, Roberts did not recuse himself from cases despite holding stock in the companies involved, including Texas Instruments, Life Technologies, and AT&T.
The Supreme Court handles cases that impact millions of Americans, yet they are the only judges who are not bound by a code of conduct. Please sign the petition to urge the Senate to enact a set of standards so Supreme Court justices can be held accountable.
Thank you for working to help restore legitimacy to the U.S. Supreme Court.
- Amanda
Amanda Ford, Director
Democracy for America
Advocacy Fund
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