[Congressional Record Volume 169, Number 119 (Wednesday, July 12, 2023)]
[Senate]
[Pages S2342-S2343]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                           U.S. Supreme Court

  Madam President, yesterday the Associated Press published a series of 
articles detailing a range of ethical failures by the Supreme Court of 
the United States. The reports detailed Justices' involvement in 
fundraising at colleges and universities, the use of Supreme Court 
staff members to push sales of books, and donor-funded teaching 
positions that doubled as all-expense paid vacations.
  The Supreme Court is now in recess, at home with their families and 
traveling on vacation. I wish them many sunny days. But even if the sun 
is shining, there is still a shadow over the Supreme Court.
  For several months now, there has been a steady flow of reports 
documenting how the members of our Nation's highest Court have failed 
to live up to the public trust that they have been given.
  Justice Clarence Thomas has traveled the world on billionaire Harlan 
Crow's yacht and private jet. Crow bought the home of Justice Thomas' 
mother and allowed her to continue living there rent-free. He even paid 
for the education of Justice Thomas's minor relative. None of this--
none of this--was included in Justice Thomas' disclosure forms.
  Then we learned that Justice Samuel Alito took an all-expense-paid, 
luxury fishing trip to Alaska. He traveled there on a private jet of 
billionaire hedge fund manager Paul Singer, and he stayed at the 
fishing lodge of conservative donor Robin Arkley. Justice Samuel Alito 
didn't disclose any of it to the public. In fact, he dismissed one trip 
on a private jet saying that it didn't really count because, in fact, 
the seat on the jet would have been empty if he didn't sit in it--what 
an argument from a Supreme Court Justice.

[[Page S2343]]

  The solution to the problems we are seeing at the Supreme Court is a 
simple one. They need, like every other court in America, to adopt an 
enforceable code of ethics. Every Federal judge in the country is bound 
by a code of ethical conduct and a set of ethics rules and enforcement 
mechanisms, except for nine--the nine Justices of the Supreme Court who 
sit across the street from this building.
  I first urged Chief Justice Roberts to adopt a binding, enforceable 
code of conduct over 11 years ago. Sadly, he didn't accept my 
suggestion, and he continues to ignore the issue today.
  This is the John Roberts Court. It will go down in history as the 
John Roberts Court. He has the power and, I believe, the moral 
obligation to straighten up this mess and restore the integrity of this 
court.
  When the Court reconvenes in October, there is a tradition for 
someone to announce: Oyez, oyez, oyez. This honorable Court--how can 
they call it an honorable Court in light of these disclosures?
  I honestly believe that, before they broke for this vacation period, 
Justice Roberts would announce reforms that really count and finally 
start to restore the integrity and reputation of the Court, but so far, 
nothing.
  Next week, the Senate Judiciary Committee, which I chair, will vote 
on the Supreme Court Ethics, Recusal, and Transparency Act. This bill, 
introduced by Senator Sheldon Whitehouse of Rhode Island will require 
the Supreme Court to adopt an enforceable code of conduct, and it will 
also add new recusal and transparency requirements under Federal law.
  The legislation does not distinguish between Justices appointed by a 
Democratic President or a Republican President. It requires a code of 
conduct enforceable against all Justices.
  I was disappointed to learn today that one of the Republican leaders 
has publicly come out in opposition to any enforceable code of ethics 
established by the Judiciary Committee on the U.S. Supreme Court.
  What is he thinking?
  We live by those standards of disclosure and limitation and 
enforcement of ethics. Despite our unpopularity in many public opinion 
polls, think about if this Congress lived by the same standard or lack 
of standards as the U.S. Supreme Court. By making sure the highest 
Court in the land doesn't have the lowest ethical standards, our 
legislation would be the key first step in restoring confidence in the 
Supreme Court.
  The markup will be next week. I sincerely hope that, before that 
time, Chief Justice Roberts will step up and accept the responsibility 
for his Supreme Court to establish credible standards of integrity.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Wyoming.
  (The remarks of Ms. Lummis, Mr. Barrasso, and Mr. Carper pertaining 
to the introduction of S. 2274 are printed in today's Record under 
``Statements on Introduced Bills and Joint Resolutions.'')
  Mr. CARPER. I yield the floor.
  The PRESIDING OFFICER (Ms. Baldwin). The Senator from Nebraska.