[Congressional Record Volume 169, Number 187 (Monday, November 13, 2023)]
[Senate]
[Pages S5467-S5468]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                           U.S. Supreme Court

  Mr. DURBIN. Madam President, history was made today with the release 
of a document by the U.S. Supreme Court. Today, for the first time in 
the history of the United States, the Supreme Court has issued a code 
of conduct for Supreme Court Justices. Most Americans will be surprised 
to learn that this was the first time this code of conduct has been 
issued, but that is a fact.
  I know this issue better than most because 11 years ago, I wrote to 
the Chief Justice of the Supreme Court, John Roberts--along with 
several of my colleagues--and told him that the establishment of a code 
of conduct for the Supreme Court Justices was long overdue.
  After years of refusing to act, a series of scandalous disclosures 
involving several Justices on the Court, and the Senate Judiciary 
Committee passing legislation sponsored by Senator Sheldon Whitehouse 
on ethical reform, the Supreme Court has finally responded. Today, for 
the first time in history, the Supreme Court of the United States is at 
least saying to the American people: We hear you and understand that 
the nine Justices on the Supreme Court are members of a democratic form 
of government, not royalty, and that they should be held accountable as 
all public servants in the Federal Government are held accountable.
  At a glance, this Code of Conduct for Justices of the Supreme Court 
is similar to the standards that apply to all other lower court Federal 
judges. The Court's code of conduct sets forth several important canons 
of conduct, including canons on upholding the integrity and 
independence of the judiciary and avoiding impropriety and the 
appearance of impropriety.
  All of these are important steps, but they fall short of what we 
could and should expect when the Supreme Court issues a code of 
conduct. The Court's statement on the code specifically notes:

       For the most part these rules and principles are not new.

  That is a problem because the Court's previous practices were plainly 
inadequate. The Court's new code of conduct does not appear to contain 
any meaningful enforcement mechanism to hold Justices accountable for 
any violations of the code. It also leaves a wide range of decisions up 
to the discretion of individual Justices, including decisions on 
recusal from sitting on cases.
  I am still reviewing the Court's new code of conduct. For now, I 
would note that the Court's adoption of this code marks a step in the 
right direction. It may fall short of the ethical standards which other 
Federal judges are held to, and that is unacceptable. And if it falls

[[Page S5468]]

short, the American people will ultimately have the last word, and the 
integrity of the Court is at issue.
  We are going to carefully review this proposed code of conduct to 
evaluate whether it complies with our goal that the highest court in 
the land not languish with the lowest standard of ethics in our Federal 
Government. But this release today, long overdue, begins a dialogue 
which could end in restoring the integrity of the Court, and that is 
long overdue.