John,

Introducing his Supreme Court Ethics, Recusal, and Transparency Act, Senator Sheldon Whitehouse indulged in a succinct bit of Latin: “Nemo judex in sua causa: No one should be a judge in their own case.” The phrase was first used by a 17th century advisor to the English king to instruct him he could not judge a dispute between himself and his subject.

Unfortunately, some of today’s Supreme Court justices have become used to acting like kings. Whether accepting lavish gifts worth millions of dollars over multiple decades from donors with business before the Court, or failing to recuse themselves from cases in which they have serious conflicts of interest, the justices are used to acting with impunity, accountable to no one.

Unlike any other court in the land, the Supreme Court has no binding code of ethics - - and even now, as the Court has proposed its own code of conduct, it is completely unenforceable. As such, it is merely window dressing, meant to turn down the heat on the Court without actually making any changes whatsoever.

This is why the Supreme Court Ethics, Recusal, and Transparency Act, co-sponsored by Senator Whitehouse and Rep. Hank Johnson is so important: for the first time, it will provide procedures to investigate misconduct of Supreme Court justices, strengthen recusal standards, and require disclosure of travel, hospitality, and influence of special interests.

Sign the petition today to demand that Congress require transparency and a binding code of ethics for the Supreme Court by passing the Supreme Court Ethics, Recusal, and Transparency Act.

Senator Whitehouse notes that recent polling indicates nearly 60% of Americans believe the justices’ standards of honesty and ethics are “low” or “very low.” As he puts it, “If the Supreme Court isn’t going to do anything to restore the public’s trust, then it’s up to us in Congress.”

This bill would address the disclosure of gifts and travel, clarify how to handle recusals and conflicts of interest, and create a transparent enforcement process for these standards. The U.S. Constitution recognizes the separation of the powers of the legislative and judicial branches, but it also allows Congress a considerable say in the structure and functioning of the Court.

“Recusal and conflicts laws on the books expressly apply to the Supreme Court,” Whitehouse explains, saying that now, “it’s time for Congress to step back in to fortify the administration of these laws.”

For example, for over a year, Justice Clarence Thomas refused to recuse himself from any cases involving the January 6 insurrection. His was the sole vote to prevent the January 6 Committee from accessing documentation of communication between the White House and others involved in the events of the day - - including his wife Ginni Thomas’ texts to Chief of Staff Mark Meadows seeking a “clean slate” of electors from the states Trump had lost.

As Whitehouse notes, this failure to recuse has never been investigated, and Justice Thomas has never had to explain himself. Whitehouse also points out instances where the same groups that Trump relied upon to nominate justices then bring cases before the very justices for whom they advocated.

It’s time that the Supreme Court stop judging their own conflicts of interest. Sign the petition now and demand that Congress bring accountability to the Supreme Court.

Thank you for fighting for real, enforceable reform for the highest court in the nation.

- Amanda

Advocacy Fund
Democracy for America
Advocacy Fund