Reformers Puzzled by Mute Biden on SCOTUS Ethics Debate

Despite a growing call for a binding code of conduct for Supreme Court justices, reformers are puzzled by the silence on the issue from President Joe Biden, CBS News reported on Monday.

"The Supreme Court is not popular right now in this country, and specifically among Democrats because of its recent rulings on abortion, guns, the environment and more," said Gabe Roth, executive director of Fix the Court, an organization that presses for more accountability and transparency at the Supreme Court. "So the idea that you wouldn't want to use those political headwinds and call for reform at the court seems a bit strange."

Democratic congressmen have been increasingly pushing the issue after ProPublica published a series of reports revealing that Justice Clarence Thomas did not disclose lavish trips and a land deal with billionaire real estate developer Harlan Crow, as well as other favors he did for the justice.

This is especially troublesome for reformers, since lower court judges must abide by a binding code of conduct, but the nine members of the Supreme Court are not covered by the code.

"If we have an institution at the top of the most powerful branch standing apart in terms of their ethical responsibility, that's a real problem for the perpetuation, the continuation of our healthy democracy," Roth said, who added that the White House has a "responsibility to weigh in when other government institutions aren't keeping up their end of the bargain when it comes to maintaining public trust."

Another advocate for reform, Nancy Gertner, a former federal judge in Massachusetts, emphasized to CBS News that the disclosures related to Thomas demonstrate the need for change.

"This court is exercising the enormous power that the Supreme Court has — it has shown itself not to be reticent about overturning precedent, decades of precedent. It has shown itself not to be reticent about bending procedures to get cases before it that it wants to hear. It's shown itself not reticent to exercise the power the court has always had," she said.

"At the same time, there are concerns about ethical issues that are not illegitimate concerns and that have come up before, to be sure," she continued. "The combination of those two factors it seems to me cries out for change, and yes, Biden should be someone who weighs in on this. The Congress should weigh in on this."

Bertrall Ross, a law professor at the University of Virginia, also pointed out that a 33-member commission created by Biden, of which he is a member, concluded in its final report that there would be benefits to a code of conduct for the justices, enacted either externally by Congress or internally by the court itself.

Ross said it's "disappointing" the president has chosen not to act on the findings, which were sent to Biden almost 18 months ago, particularly since they are relevant to today's issues.

"It's not only important, but imperative that the president be involved," he told CBS News. "This is a critical issue in terms of our republican form of government to have an independent court that is uncorrupt, credible and believed to be uncorrupt and credible by the American people."

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