A prominent legal organization has thrown its weight behind the growing calls for Supreme Court reform.
According to a Newsweek report, the New York City Bar Association has released a comprehensive analysis arguing that Congress has the constitutional authority to implement binding ethics rules for Supreme Court justices.
The association's report, released on Monday, identifies three key provisions in the U.S. Constitution that grant Congress the power to enact such reforms. These include the Necessary and Proper Clause in Article I, the impeachment provision in Article II, and a clause in Article III regarding judges' tenure based on "good Behaviour."
The New York City Bar Association's report emphasizes the Necessary and Proper Clause as the most explicit foundation for congressional authority in this matter. This clause empowers Congress to make laws necessary for executing its legislative powers and other constitutional functions of the government.
The association also points to the impeachment provision as a crucial element of the checks and balances system, suggesting it provides grounds for Congress to hold justices accountable to ethical standards. Furthermore, the "good Behaviour" clause in Article III is interpreted as a potential basis for enforcing ethical conduct among justices.
These constitutional arguments put forth by the City Bar aim to address concerns about the Supreme Court's integrity and impartiality, which have been spotlighted by recent controversies involving some justices.
The push for Supreme Court reform has gained traction in light of several high-profile incidents involving Justices Clarence Thomas and Samuel Alito. Both have faced accusations of accepting undisclosed luxury gifts and vacations from wealthy Republican donors, raising questions about potential conflicts of interest.
Additionally, concerns about partisan bias have emerged, particularly regarding cases related to former President Donald Trump. The court's ruling on presidential immunity in criminal cases and Justice Thomas's potential conflict of interest due to his wife's political activities have further fueled the reform debate.
The City Bar's report acknowledges these issues, stating:
There has been an erosion of confidence in the Supreme Court and doubt has grown about whether it complies with the ordinary rules of ethical behavior that apply to other judges.
While President Joe Biden and many Democrats are advocating for Supreme Court reforms, including term limits and an enforceable code of conduct, they face strong opposition from Republican lawmakers. The GOP argues that such reforms would violate the separation of powers between government branches.
House Speaker Mike Johnson has declared Biden's reform plans "dead on arrival" in the House, characterizing them as an attempt to undermine the court's legitimacy. Former President Trump has also criticized these proposals, labeling them as unconstitutional and politically motivated.
The City Bar, however, maintains that Supreme Court ethics reform is a nonpartisan issue crucial for maintaining public confidence in the judiciary. The association argues that the court's voluntary ethics code adopted in November 2023 is insufficient, lacking an external enforcement mechanism.
This call for reform from a respected legal organization adds significant weight to the ongoing debate about Supreme Court accountability and ethics. The New York City Bar Association's report provides a constitutional framework for potential reforms, challenging Congress to take action in the face of growing public concern about the court's integrity.
