John,

Last week, the Supreme Court began its new term, and this year’s docket promises to bring to the forefront issues that will hit home for many Americans, from overtime wages and ghost gun regulation to Medicare reimbursement and gender-affirming medical care.

For some, the Supreme Court’s decisions will be a matter of life or death. But repeated high-profile ethics scandals have steadily eroded public confidence in the Court, with many Americans left to wonder whether the justices are deciding cases based on the law or their own financial and personal biases.

The Supreme Court is in the midst of a legitimacy crisis of its own making, after years of reports about sitting justices secretly traveling with millionaire and billionaire benefactors, failing to recuse themselves after publicly affiliating with a party in a case, and other inappropriate behavior – and it’s a crisis that needs to be addressed.

That’s why, along with Judge Jeremy Fogel, a retired federal judge and ethics expert, I wrote a letter to Chief Justice John Roberts encouraging him to begin the process of implementing an ethics reference panel.

I’ll explain more about what that should look like below, but if you agree that we need accountability for the highest court in the land, then we’re asking for your help today. Please, make a donation to CREW to support our work for reform →

In response to the public’s falling confidence in both the Supreme Court and the judicial system more broadly, last year the Court implemented a Code of Conduct that outlines ethical guidelines for justices to follow while on the bench.

While the Code of Conduct is a positive step, more must be done to introduce real oversight.

The panel that we proposed with Judge Fogel would consist of retired federal judges, who would provide the justices with confidential advice on recusals and other significant ethical questions. It would also submit an annual report indicating the number of motions referred and advisory opinions provided at the end of each year, adding a key layer of accountability to the recusal process, and it would allow people with cases before the Court to ask for a justice to be disqualified.

In addition to the letter, CREW and Judge Fogel also sent the Court proposed language that could be incorporated into the Code of Conduct to establish the ethics reference panel.

John, it is clear that the existing Code of Conduct is not enough.

Establishing an ethics reference panel would be a real step in the right direction to rebuilding confidence in the Court and bringing accountability to the highest Court in the land. Along with term limits and a binding Code of Conduct, we’re full of ideas to help the Court rebuild public trust.

Help CREW continue our work to make the Supreme Court more ethical and accountable. Donate to CREW today →

Thank you,

Noah Bookbinder
President
CREW