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Law firm’s more protective test for attorney-client privilege ‘is a big ask,’ Kagan says

Supreme Court ethics legislation will advance after Alito revelations, committee chairman says

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July 3, 2023
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Supreme Court docket ethics laws will advance after Alito revelations, committee chairman says

By Debra Cassens Weiss

June 21, 2023, 3:10 pm CDT

SCOTUS Roberts Court June 2022

The U.S. Supreme Court docket as composed June 30, 2022, to current. Senate Judiciary Committee Chairman Dick Durbin, an Illinois Democrat, tweeted Wednesday that the Supreme Court docket “is in an moral disaster of its personal making.” Picture by Fred Schilling by way of the Supreme Court website.

New revelations a few U.S. Supreme Court docket justice’s undisclosed free journey to Alaska have apparently prompted Senate Judiciary Committee Chairman Dick Durbin to announce that his panel will mark up ethics laws for the excessive courtroom subsequent month.

Durbin, an Illinois Democrat, tweeted Wednesday that the Supreme Court docket “is in an moral disaster of its personal making as a result of acceptance of lavish items from events with enterprise earlier than the courtroom that a number of justices haven’t disclosed.”

Democratic Sen. Sheldon Whitehouse of Rhode Island joined Durbin within the assertion, report Politico and the Hill.

At the moment, trial-level and appeals judges within the federal judiciary are certain by the Code of Conduct for United States Judges. However the code does not bind Supreme Court docket justices.

In February, the ABA Home of Delegates called on the Supreme Court to undertake a binding code of ethics for its justices that’s just like the code for different federal judges.

The markup announcement by Durbin and Whitehouse adopted a ProPublica report that stated Justice Samuel Alito took a free trip to an Alaska fishing lodge in 2008, due to the generosity of hedge fund billionaire Paul Singer and mortgage firm entrepreneur Robin Arkley II. Singer flew Alito to the fishing lodge on his personal jet, and Arkley, who owned the lodge, offered the lodging.

Alito later dominated for Singer’s hedge fund in a case that helped the fund get well $2.4 billion. Alito stated he was unaware that Singer had a hyperlink to that case and others that got here earlier than the Supreme Court docket in petitions for or in opposition to certiorari.

ProPublica previously reported that Justice Clarence Thomas accepted free journeys from billionaire Republican megadonor Harlan Crow.

Durbin and Whitehouse stated they hoped that Chief Justice John Roberts “will take the lead and produce Supreme Court docket ethics in step with all different federal judges.”

In April, Roberts had turned down an invite to testify earlier than Durbin’s committee. As a substitute, Roberts forwarded to the committee a “Assertion on Ethics Rules and Practices” that every one the justices have agreed to comply with. Democrats stated the rules don’t go far sufficient.

Whitehouse reintroduced his Supreme Court docket Ethics, Recusal and Transparency Act in February. His Senate Judiciary Courts Subcommittee had a listening to on the invoice final week, in line with a June 21 press release.

The invoice would require the Supreme Court docket to undertake a code of conduct inside 180 days. In accordance with a Feb. 9 press release, the invoice would:

  • Require the Supreme Court docket to undertake guidelines requiring disclosure for items for justices and legislation clerks which are no less than as rigorous because the Home of Representatives and Senate disclosure guidelines.
  • Require better disclosure of amicus curiae funding.
  • Require events and those that submit amicus briefs to reveal latest journey, items and reimbursements to justices. Events and amicus curiae would additionally should disclose lobbying or cash that they spent to advertise a justice’s Supreme Court docket affirmation.
  • Make sure that requests for recusal are reviewed by a panel of randomly chosen judges or the remainder of the Supreme Court docket.
  • Require written explanations for recusal choices.

A easy majority is all that’s wanted to advance a Supreme Court docket ethics invoice by means of the Senate Judiciary Committee, however Senate Democrats would wish no less than 9 Republican votes to beat a filibuster within the Senate, in line with Politico.

Hat tip to ProPublica reporter Justin Elliott on Twitter.

See additionally:

ABAJournal.com: “Supreme Court docket justices ought to comply with binding code of ethics, ABA Home says”

ABAJournal.com: “Justice Thomas listed earnings from a real-estate agency even after it closed in 2006”

ABAJournal.com: “Justice Thomas’ monetary disclosure points referred to committee of federal judges”

ABAJournal.com: “Billionaire good friend paid personal college tuition for nephew of Justice Thomas”





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