Supreme Court Justice Elena Kagan furthered calls for reform at the High Court on Thursday, suggesting that a committee be created to examine potential ethics violations by justices.
Kagan, one of three liberal justices on the Supreme Court, said before a group of over 150 judges and lawyers attending the annual 9th Circuit conference that the committee could be appointed by Chief Justice John Roberts. Kagan is the first justice to publicly call for the High Court to reform its ethics policies by adding a way to enforce its code of conduct. Justices have been under immense scrutiny following a string of controversies involving conservative Justices Samuel Alito and Clarence Thomas.
The Supreme Court adopted its first code of ethics last fall amid pressure from lawmakers and President Joe Biden‘s administration. Kagan said Thursday that the code is a “good one,” but that more work needs to be done to ensure that justices are held to its standards.
“Rules usually have enforcement mechanisms attached to them, and this one, this set of rules, does not,” she told the conference’s crowd.
Kagan’s comments come less than a month after the Supreme Court wrapped up its term, which was marked by several controversial rulings by the six-justice conservative majority, including one that expanded presidential immunity in relation to the criminal charges against former President Donald Trump.
Calls for ethics reform at the High Court were first sparked by a report by ProPublica, which found that Thomas and Alito did not disclose luxury trips and other gifts he had accepted from Republican megadonors. The New York Times also reported that flags associated with conservative movements, including one related to Trump’s “Stop the Steal” cry, were seen outside of residences owned by Alito in the aftermath of the 2020 election.
Questions have also been raised against the liberal pack on the Supreme Court. The Associated Press (AP) reported in July that justices, including Kagan, have been regularly put in the same room as “influential donors” while making visits to colleges and universities. The institutions, per AP’s report, have used the justices’ visits as fundraising opportunities, and some donors in attendance have had “interests” before the High Court.
Biden focused on pushing for Supreme Court reform during his speech from the Oval Office Wednesday night, which was the first time the president addressed the nation following his decision to drop out of the 2024 presidential race.
“I’m going to call for Supreme Court reform because this is critical to our democracy, Supreme Court reform,” the president said. “You know, I will keep working to ensure America remains strong and secure and the leader of the free world.”
In a poll conducted by The Associated Press-NORC Center for Public Affairs Research in June, seven in 10 Americans said that they believe Supreme Court justices are influenced by their personal ideologies instead of staying impartial.
Newsweek reached out to the Supreme Court’s press office via email for comment Thursday evening.
Update 07/25/24, 6:36 p.m. ET: This story has been updated with additional information and background.
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
