“We cannot excuse what has been reported already about Justice Clarence Thomas. While it appears Gorsuch met his disclosure obligations in how he reported the sale, critics says that his financial filings – which omitted the identity of the property’s buyer – show that the current rules the court follows do not ensure enough transparency. But Democrats and outside court reform advocates says that the recent reporting shows that the high court needs to adopt more stringent ethical standards, and argue that if the justices refuse to do so, Congress should step in to act.Īmong the allegations were bombshell reports by ProPublica laying out luxury trips Thomas took that were paid for by a GOP megadonor and went largely unreported on the justice’s financial disclosures, as well as a real estate transaction involving the donor that was also not disclosed by the justice.Īlso raising eyebrows was the sale of a property co-owned by Justice Neil Gorsuch to a lawyer with a leadership role at a major firm that has had business before the court. Whether the justices, in some of the alleged behavior, violated the financial disclosure rules the Supreme Court currently follows has been a matter of public debate. The Senate Judiciary Committee – led by Chairman Dick Durbin – organized Tuesday’s hearings amid a cascade of reports suggesting Thomas and other justices have engaged in conduct that at least raises the appearance of ethical impropriety. But, he says, given the mandates of the Constitution, such policy choices are “one buck Congress cannot pass.”Įthics controversies prompt Senate hearing “I am not insensitive to the delicacy of the political choices Congress would be required to make in order to decide what limits to impose on how the Justices conduct themselves with respect to accepting favors from individuals and groups with business before the Court or with interests in the outcome of that business and on how transparent Justices must be in the way they lead their lives outside the Supreme Court itself and outside the performance of its judicial tasks,” Tribe writes.
Jydge vita code#
Both legal experts, however, take the view that while Congress can impose a code of conduct on the justices, it cannot command the Supreme Court to write one for itself.
Luttig writes in the new letter to the Senate that binding a code of conduct for the justices “ought not be thought of as anything more – and certainly nothing less – than the housekeeping that is necessary to maintain a Republic.” Tribe also writes that Congress had the power to enact ethics rules for the court that would address the justices’ non-judicial conduct. He previously made headlines for his testimony to the House select committee that investigated January 6, 2021, where he stated that former President Donald Trump had tried to overturn the election and that “Trump and his allies and supporters are a clear and present danger to American Democracy.” Thus far, Republican lawmakers are mostly opposed to stepping in.Ĭonsidered a conservative legal heavyweight, Luttig’s willingness to weigh in is notable. They add to the cacophony of voices from across the legal profession that are speaking out in response to what is seen as a growing legitimacy crisis at the Supreme Court. Together, the letters present viewpoints from the legal left and right that Congress does have the power to enact Supreme Court ethics reform. The Senate Judiciary Committee is also receiving written testimony from Harvard professor and Supreme Court litigator Lawrence Tribe, a legal luminary on the left. Luttig additionally was known as one of the top “feeder judges” on the court of appeals, sending 45 of his 47 clerks to clerk for justices on the Supreme Court. Before that, he clerked for then-Chief Justice Warren Burger, as well as for former Supreme Court Justice Antonin Scalia when he sat on the US Court of Appeals for the DC Circuit. In 1991, Luttig was part of the team that prepared Justice Clarence Thomas for his controversial Senate confirmation hearings. Luttig’s public admonition is especially notable because of his conservative credentials and his longstanding, close ties with the Supreme Court. The statement is part of written testimony Luttig – a former judge on the US 4th Circuit Court of Appeals – has submitted to the Senate Judiciary Committee holding hearings Tuesday and follows weeks of ethical controversies involving the Supreme Court. If the Supreme Court does not take such action, he cautioned, Congress has “the power under the Constitution” to prescribe ethical standards of conduct for the court.
Jydge vita professional#
Michael Luttig sent a warning shot to the Supreme Court, calling on the Court to enact a code of conduct that would “subject itself to the highest professional and ethical standards that would render the Court beyond reproach.”
In a carefully worded, but blunt statement, conservative former federal judge J.
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