AAUW – PUBLIC POLICY CONVERSATIONS – JUNE 2024
Why has faith and trust in the United States Supreme Court plummeted to all-time lows? A Quinnipiac University national poll found that only 36% of registered voters approve of the Supreme Court’s handling of its job, while 56% disapprove. A majority of Republicans said they approve, while majorities of Democrats and Independents said they disapprove. 71% of voters say the Supreme Court justices “are too influenced by politics” including majorities of Democrats, Independents and Republicans.
On May 5, 2024 the prestigious Pulitzer Prize for public service journalism was awarded to ProPublica for its “ambitious reporting that pierced the thick wall of secrecy surrounding the Supreme Court to reveal how a small group of politically influential billionaires wooed justices with lavish gifts and travel.” ProPublica’s “Friends of the Court” series uncovered the biggest ethics scandal to hit the Supreme Court in the modern era. Last November the Court announced that it had unanimously adopted the first Ethics Code in its 234 year history. Unfortunately, the Code of Conduct relies on an honor system that has thus far proven a failure.
This term’s Supreme Court docket holds momentous cases, several affecting the quality of women’s lives and health since the overturning of Roe v. Wade in 2022. The Court in June will rule on gun ownership rights demanded by convicted domestic abusers under the Second Amendment. While otherwise excellent coverage of the justices’ ethics scandals frequently stipulates that their billionaire benefactors rarely have business before the Court, the truth is that “court whisperers” like Leonard Leo, Harlan Crow and Charles Koch have both motives for and means of influencing rulings in many of the cases the Court will soon decide, Jamison Foser and Will Royce wrote in the May 2024 American Prospect. The billionaires are connected with organizations that submit Amicus curiae briefs, known as Friend of the Court briefs that provide perspective on how the court should rule. Many of these briefs are filed by organizations closely connected to the very same people bestowing gifts upon the justices—the literal “friends of the court.” SupremeTransparency.org is a website that tracks efforts to influence the Supreme Court by power brokers and organizations with cozy ties to the justices.
More must be done to restore confidence in the United States Supreme Court. In late April the JUDICIAL ETHICS ENFORCEMENT ACT was introduced in the U.S. House by Rep. Melanie Stansbury (D/NM). It calls for an office of Inspector General to monitor and audit the Court. “An Inspector General will protect the Court from special interest groups looking to strip Americans of their rights in favor of their personal agendas,” Rep. Stansbury said. Her bill would task the Chief Justice to appoint an IG, in consultation with House and Senate leaders, to at least a four-year term. The IG would be tasked with investigating alleged violations of the Supreme Court Code of Conduct. The IG also would conduct audits and investigations into potential waste, fraud and abuse. With subpoena power to compel witness testimony, IG reports to the Chief Justice and Congress would be made. Where necessary, an Inspector General would inform the U.S. attorney general of potential criminal violations of federal law. The SUPREME COURT ETHICS, RECUSAL and TRANSPARENCY Act was introduced by Senators Sheldon Whitehouse (D/RI) and Richard Blumenthal (D/CT). “Like every other federal entity, the Judiciary needs an Inspector General to deter and investigate internal wrongdoing and restore public trust,” Senator Blumenthal said in a statement. “After years of plummeting public confidence, the courts need a watchdog to do prompt, impartial investigations of alleged conflicts of interest, improper benefits or other potential wrongdoing. Any ethics rules or code of conduct requires public accountability—otherwise it’s a dead letter,” Senator Blumenthal stressed.
Lilly Gioia
Public Policy Chair