Justice Ketanji Brown Jackson Advocates for Enforceable Supreme Court Ethics Code

 September 1, 2024

Supreme Court Justice Ketanji Brown Jackson has expressed openness to implementing an enforceable ethics code for the nation's highest court.

In a recent interview with NBC News, Justice Jackson discussed her views on ethical standards for Supreme Court justices and addressed recent controversies surrounding the court's ethical practices.

During the interview on CBS News Sunday Morning, Justice Jackson acknowledged that binding codes of ethics are standard for judges across the country. She questioned whether the Supreme Court should be treated differently in this regard, stating that she had not seen a compelling reason for such a distinction. Her comments come amid growing public scrutiny of the Supreme Court's ethical standards and calls for reform.

Ethical Standards and Recent Controversies

Justice Jackson's remarks on ethics come at a time when the Supreme Court has faced increased scrutiny over the conduct of some of its members. Recent reports have highlighted instances where justices failed to disclose certain gifts and trips on their ethics disclosure forms.

One notable case involves Justice Clarence Thomas, who reportedly accepted lavish gifts and trips from GOP megadonor Harlan Crow without officially disclosing them. This revelation, brought to light by ProPublica's reporting, has intensified the debate surrounding the need for more stringent ethical guidelines for Supreme Court justices.

When asked directly about these specific incidents, Justice Jackson refrained from commenting on her colleagues' interpretations of the rules or their actions. Her response reflects the delicate balance justices must maintain when discussing matters related to their peers on the bench.

Proposed Reforms and Jackson's Stance

In response to the growing concerns about Supreme Court ethics, President Joe Biden has proposed a set of reforms. These include a call for Congress to subject the Supreme Court to an enforceable code, which would encompass the same disclosure rules for gifts, financial dealings, and political activities that other federal judges currently face.

Justice Jackson expressed a general openness to such proposals, stating:

I am considering supporting it as a general matter. I'm not going to get into commenting on particular policy proposals, but from my perspective, I don't have any problem with an enforceable code.

While she did not endorse any specific proposal, her willingness to consider an enforceable ethics code marks a significant stance from a sitting Supreme Court justice. It suggests a potential shift in the court's approach to ethical oversight and transparency.

Presidential Immunity and Future Challenges

During the interview, Justice Jackson also addressed the recent Supreme Court decision regarding presidential immunity for official acts in office. The court ruled that former President Donald Trump has immunity for some of his conduct as president in his federal election interference case but may not for other actions.

Justice Jackson, who dissented in this case, expressed her concerns about the ruling. She said she was "concerned about a system that appeared to provide immunity for one individual under one set of circumstances when we had a criminal justice system that had ordinarily treated everyone the same."

Her dissent and subsequent comments highlight the complex legal and ethical issues the Supreme Court continues to grapple with, particularly in cases involving high-profile political figures.

Conclusion

Justice Ketanji Brown Jackson's openness to an enforceable ethics code for the Supreme Court represents a significant development in the ongoing debate about judicial accountability. Her comments address the growing public concern over ethical standards in the nation's highest court and suggest a potential willingness among some justices to consider reform. As discussions about Supreme Court ethics continue, Justice Jackson's perspective may play a crucial role in shaping future policies and practices within the institution.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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