Justice Elena Kagan publicly declared her support for an ethics code for the U.S. Supreme Court but said there was no consensus among the justices on how to proceed, suggesting the high court is grappling with public concerns over its ethics practices.
“It’s not a secret for me to say that we have been discussing this issue. And it won’t be a surprise to know that the nine of us have a variety of views about this,” she said Thursday at a judicial conference in Portland, Oregon.
One of the court’s three liberal justices, Kagan said the court could draft and adopt its own code of conduct. Such a move, she said, would do away with questions over whether Congress has the power to impose ethics rules on the high court. “Our whole system is one of checks and balances. … We’re not imperial, and we too are a part of a checking and balancing system in various ways,” she said of the court.
“I know this is a controversial view, but I’m willing to say it. No provision in the Constitution gives them the authority to regulate the Supreme Court-period,” the conservative justice said in an interview he gave to the Wall Street Journal opinion pages. The 63-year-old justice made similar comments on Thursday, emphasizing “the importance of courts looking like they’re doing law, rather than willy-nilly imposing their own preferences as the composition of the court changes.”
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