Alternate Title
The Ethical Dilemma of the Highest Court: Could Congress Constitutionally Impose a Binding Code of Ethics on the United States Supreme Court?
Keywords
ethical concerns, Supreme Court Justices, code of conduct, ethical boundaries, Code of Conduct for United States Judges, 1973 Code of Conduct, separation of powers, congress’s authority, judicial ethics, ethical criticism, constitutional mechanisms, ethical violations, judicial accountability, court controversies, judicial conduct, supreme court reform, checks and balances, constitutional issues
Abstract
In response to mounting ethical concerns about Supreme Court Justices, the Court introduced its own Code of Conduct in November 2023, likely prompted by recent controversies involving Justice Clarence Thomas. This code aimed to dispel the public perception that Supreme Court Justices operate without ethical boundaries. The code mirrors the Code of Conduct for United States Judges, established in 1973, outlining ethical rules and principles for the Justices. It shares the same five canons and includes most provisions from the lower federal judges’ code, albeit with some differences. Although the Court’s ability to establish its own code is unquestioned, this comment examines the separation of powers issues regarding Congress’s authority to impose such a code on the Supreme Court. This comment will delve into recent ethical criticism against the Justices, explore limits on congressional authority, and examine constitutional mechanisms for addressing ethical violations.
Recommended Citation
Amys Serret, The Ethical Dilemma of the Highest Court: Could Congress Constitutionally Impose a Binding Code of Ethics on the United States Supreme Court?, 19 FIU L. Rev. 1279 (2025), https://doi.org/10.25148/lawrev.19.4.11.
Included in
Constitutional Law Commons, Legislation Commons, Supreme Court of the United States Commons
