Hi,
ANOTHER ethics controversy is raising new questions about the independence
of the Supreme Court.
According to a new report by The Guardian newspaper, a conservative legal
group with multiple cases before the Supreme Court may have bankrolled
Justice Samuel Alito’s trip last year to Rome, Italy.^1
This would be just the latest example of how wealthy special interests are
funneling money to gain access and influence with the Court justices. And
it comes on top of reports that the justices — despite promising years ago
to “seriously study” the issue — still refuse to adopt a code of ethics.^2
The Supreme Court can’t be trusted to police itself. That’s why we’ve
mobilized more than 200,000 people to ask Congress to pass the Supreme
Court Ethics, Recusal, and Transparency Act, requiring the nation’s
highest court to follow basic rules of disclosure and recusal.
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work, including pushing for ethics reform at the U.S. Supreme Court?
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Alito’s visit to Italy was sponsored by the anti-abortion Religious
Liberty Initiative, which invited him to deliver the keynote at the
group’s gala dinner at a gilded private palace. The Religious Liberty
Initiative has filed at least six briefs on high-profile cases before the
Supreme Court in the last two years — including the one that overturned
Roe v. Wade.^3
Alito used his speech to mock and taunt world leaders who had criticized
the decision overturning Roe v. Wade.^4 At best, this is a clear example
of how right-wing groups use their deep pockets to gain access and attempt
to influence the justices. If they paid for the travel as well, that would
raise even greater concerns.
That’s not all — far from it. Recent reports show corporations with active
cases funneled huge donations into a nonprofit connected to the Court to
try to curry favor with the justices.^5 High-powered D.C. law firms with
business before the court paid Jane Roberts, the wife of the chief
justice, millions of dollars in commissions for her work as a legal
recruiter.^6 The list goes on.
Unlike every other federal judicial branch, there are no rules regarding
when justices must recuse themselves or even reveal potential conflicts of
interest in instances like these.^7 At a time when the Supreme Court’s
right-wing majority is tossing out decades of precedent and rolling back
our rights, the need for a code of ethics has never been greater.
When the justices failed to agree on a code of ethics earlier this year,
two good government groups, the Project on Government Oversight and the
Lawyers Defending American Democracy, proposed a draft, setting out clear
rules for reporting on outside sources of income and recusal from cases
that raise conflicts of interest. The proposal would also bar the justices
and their spouses from engaging in partisan political activity.^8
We’re gaining momentum. The influential American Bar Association passed a
formal resolution urging the Supreme Court to adopt a binding set of rules
for the justices. Now we need to double down and build pressure on
Congress to make it happen.
[ [link removed] ]Will you donate $10 to help urge Congress to pass a code
of ethics for the Supreme Court, and push for other key reforms?
With gratitude for all that you do,
Tihi and the team at Demand Progress Action
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Sources:
1. The Guardian, "Ethical no man’s land: can the US supreme court be
trusted to police itself?" [ [link removed] ]March 24, 2023.
2. The Washington Post, "Supreme Court justices discussed, but did not
agree on, code of conduct," [ [link removed] ]February 9, 2023.
3. The Guardian, "Ethical no man’s land: can the US supreme court be
trusted to police itself?" [ [link removed] ]March 24, 2023.
4. Slate, "Alito’s Speech Mocking Foreign Leaders Has a Deeper, Darker
Message," [ [link removed] ]July 29, 2022.
5. The New York Times, "A Charity Tied to the Supreme Court Offers Donors
Access to the Justices," [ [link removed] ]January 1, 2023.
6. The New York Times, "At the Supreme Court, Ethics Questions Over a
Spouse’s Business Ties," [ [link removed] ]January 31, 2023.
7. Brennan Center for Justice, "Brennan Center Urges Supreme Court
Justices to Adopt a Code of Ethics," [ [link removed] ]September 24, 2019.
8. NPR, "Outside groups take a first stab at a Supreme Court ethics code,"
[ [link removed] ]March 9, 2023.
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