After a month of scandals rocking the Supreme Court and casting a political light on the institution, two Democrats in the House of Representatives are introducing legislation to ‘rein in a fundamentally unaccountable and rogue’ Supreme Court. Similar efforts are underway in the Senate.
Background and Motivation
Democrats Alexandria Ocasio-Cortez from New York and Jamie Raskin from Maryland’s bill is a response to a growing list of ethics concerns recently coming to light. These lawmakers are the two highest-ranking members of the minority party on the House Oversight and Accountability Committee. The pair, along with their colleagues, have been brainstorming ways to hold Supreme Court Justices accountable.
Ocasio-Cortez’s Statement
In an interview with MSNBC news anchor Chris Hayes, Ocasio-Cortez said, “And so it is not a question…of if Congress has jurisdiction and power over the Supreme Court. What power are we going to exercise to rein in a fundamentally unaccountable and rogue court?”
Proposed Legislation
The Democrats have settled on starting with legislation that will restrict the perks and benefits justices can receive, similar to the strict giving limits pertaining to Members of Congress. The reasoning behind the limitation on gifts and benefits is that judges, like lawmakers, should not be swayed by interests or bribes that may impact their decisions on behalf of the country.
Details of the Bill
Ocasio-Cortez said of the bill, “Congressman Raskin and I will be introducing forthcoming legislation to even have the Supreme Court be subject to the same $50 gift rule that he and I are subject to, as everyone else who is a member of Congress.”
Context of Increased Scrutiny
Since the 2022 Dobbs decision that overturned Roe v. Wade and left the regulation of abortion to the states, the Supreme Court justices have been under intense scrutiny, and many ethics concerns have been brought up. Several reports have surfaced of justices, specifically Justice Clarence Thomas, benefiting from gifts and trips from wealthy and influential political donors.
Allegations Against Justice Alito
Additionally, Justice Alito has been in the news for reports that he and his wife flew flags on his properties linked to the Trump administration and the “Stop the Steal” Movement. Additionally, an undercover filmmaker recorded Alito at a Supreme Court Historical Society function, where he spoke about the role of the Court in leading the country closer to a Christian ideal.
Political Implications
All of these news stories focused heavily on the conservative justices on the bench and have drawn ire and interest from left-leaning activists interested in restraining the conservative majority on the bench.
Congressional Response
The media interest and outrage have led the Democrats in Congress to find ways to better control the justices’ actions outside of the courtroom, especially the gifts and perks of the job they accept. The Senate Judiciary Committee has already been investigating ways to increase the Supreme Court’s oversight.
Raskin’s Commentary
Rep. Raskin, the top Member of the House Oversight Committee, said, “It’s the highest court in the land with the lowest ethical standards. These are the only government officials in the land not governed by a binding ethics code. There’s no process by which we can hold any of them accountable.” He continued, “We need to clean that up. And that’s why we said we’ll start with something the whole country can understand immediately and intuitively. We want a $50 gift ban for the U.S. Supreme Court justices. They make $300,000 a year. Pay for your lunch and pay for your vacation.”
Senate Plans
Senate Judiciary Committee Chair Dick Durbin, a Democrat from Illinois, announced that Senate Democrats are working on passing legislation via unanimous consent this week in the Senate. At least one Republican Senator is expected to object to a unanimous consent vote.
Durbin’s Statement
Senator Durbin said, “We’re planning on moving on the floor this week to move the ethics bill for the Supreme Court.” He stated that more information may be forthcoming and “new evidence that comes out,” pointing to more ethical concerns in the Supreme Court.
Additional Evidence
The new evidence he referred to does not involve the undercover recordings of Alito and his wife Martha-Ann at the Historical Society event, according to Durbin, but rather, “It relates to the ethical considerations from some of the justices for gifts they’ve taken and not reported.”
Current Ethical Code
The Supreme Court is governed by a code of ethics, which was last amended in November 2023. However, Democrats in Congress say that the code is unenforceable because each justice is responsible for adherence and accountability.
