Why doesn’t the Supreme Court have a formal code of ethics?

on the federal judiciary, Roberts wrote that although the court “consulted” the Judicial Conference code the lower courts follow, the conference’s committees have “no mandate to prescribe rules or standards for any other body.” However, perhaps signaling a change of heart for Roberts, Justice Elena Kagan, said during a March 7, 2019,that the chief justice was studying whether the court would adopt an ethics code.

The court has followed other congressionally enacted laws that affect ethical practices, including the 1978 Ethics in Government Act, requiring the justices to file annual financial disclosure reports, and the 2022 Courthouse Ethics and Transparency Act, requiring justices to post their annual disclosures in an online database.have raised questions about the wisdom and legality of adopting a Supreme Court ethics code.

“As a practical matter, a code might encourage politicized harassment of the justices without truly subjecting them to any real source of external authority,” FeldmanHe added that a supervisory body could try to influence the outcome of Supreme Court cases and couldn’t remove justices from the bench. Only impeachment and conviction by the Senate could do that.Steven Lubet, an emeritus law professor at Northwestern University, said enforcing any code would be challenging.

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