[Congressional Record Volume 170, Number 102 (Monday, June 17, 2024)]
[Senate]
[Page S4110]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          SUPREME COURT ETHICS, RECUSAL, AND TRANSPARENCY ACT

  Ms. BUTLER. Mr. President, I rise today to join my colleagues in 
urging that the Supreme Court be held to a higher standard of 
transparency and accountability and that we immediately pass the 
Supreme Court Ethics, Recusal, and Transparency Act.
  Let me begin by thanking my colleagues Senators Whitehouse and Durbin 
for their tireless work on this issue. They understand that Congress 
has a responsibility to hold those in places of power to account, and I 
am proud to join their effort.
  The American public's confidence in our democratic institutions has 
reached new lows. In February of this year, a poll by the Marquette 
School of Law found that 60 percent of respondents disapproved of the 
Supreme Court. And who could blame them? The egregious behavior we have 
seen from some Supreme Court Justices in the last few months is deeply 
concerning and has eroded trust in our institutions. The highest Court 
in the land is no place for anyone with personal bias and questionable 
ethics.
  Take for example, Justice Clarence Thomas, who failed to disclose 
significant gifts and financial transactions from wealthy conservative 
billionaires. Meanwhile, Justice Thomas's wife involved herself in 
efforts to overturn the 2020 Presidential election results. How should 
the American public expect Justice Thomas to ``faithfully and 
impartially discharge and perform all the duties incumbent upon him?'' 
They can't.
  Or consider Justice Samuel Alito who similarly accepted undisclosed 
trips and gifts funded by conservative benefactors. And an inverted 
American flag--a symbol carried by January 6 insurrectionists--was seen 
at his home less than 2 weeks after the violent attack on the Capitol. 
How should the American public expect Justice Alito to ``faithfully and 
impartially discharge and perform all the duties incumbent upon him?'' 
They can't.
  So it should come as no surprise to us that more than half of 
Americans disapprove of the Supreme Court. But maintaining the public's 
trust and confidence in the Court is essential to the credibility of 
the judicial branch. The Supreme Court Ethics, Recusal, and 
Transparency Act is our first step toward slowly, but surely, 
rebuilding that.
  In 2022, while speaking at the annual convention of the American 
Constitution Society, Justice Sonia Sotomayor said, ``We have to have 
continuing faith in the court system and our system of government,'' 
adding that she hoped ``to regain the public's confidence that we--as a 
court, as an institution--have not lost our way.''
  It is our job as the U.S. Congress to ensure that our way truly is 
not lost. Establishing basic transparency of those who interpret the 
highest law of the land are not just matters of common sense, it is a 
moral imperative. It is a necessary function of Congress to keep those 
in power in check. If we fail to fulfill this responsibility, then we 
ultimately fail the millions of Americans we are sworn to serve.
  As we consider this legislation, let us remember that the judiciary 
is the bedrock of our democracy. Getting this bill across the finish 
line takes a needed step toward preserving the integrity of our highest 
Court and the democratic principles it upholds. I strongly urge my 
colleagues to help restore confidence in our Nation's institutions by 
supporting this critical legislation.

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