GOP Senators Block Democrats’ SCOTUS Ethics Bill

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Senate Republicans on Wednesday blocked a Democratic Party bill aimed at imposing a binding code of conduct on Supreme Court justices, NBC reported.

Judiciary Committee Chair Dick Durbin, D-Ill., championed the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act on the Senate floor Wednesday, emphasizing that “the highest court in the land cannot and should not have the lowest ethical standards.”

Durbin sought to pass the bill by unanimous consent, but it faced immediate Republican opposition.

Sen. Lindsey Graham, R-S.C., led the GOP effort to derail the legislation, arguing that the bill was an “unconstitutional overreach” that would “undermine the court’s ability to operate effectively.” He was supported by Sens. John Kennedy, R-La., and Mike Lee, R-Utah, among others.

“I do not think this bill is about ethics. This bill is about abortion,” Kennedy stated, suggesting that Democrats pushed the legislation out of anger over the Supreme Court’s decision to overturn Roe v. Wade.

The SCERT Act proposed that Supreme Court justices adopt a binding code of conduct, establish a mechanism to investigate violations, and improve disclosure rules for recusal and gifts. It also aimed to enhance transparency and protect the court’s legitimacy.

Sen. Richard Blumenthal, D-Conn., argued that the Supreme Court has “squandered its almost mystical authority” while directly appealing to Chief Justice John Roberts to endorse the legislation.

Despite Durbin’s claim that the vote “should not be a partisan issue,” the bill met staunch Republican resistance. Graham reiterated that the legislation sought to undermine the court rather than improve it, while Kennedy accused Democrats of using ethics as a guise for abortion-related motivations.

Senate Majority Leader Chuck Schumer, D-N.Y., expressed his frustration with the Republican blockade, suggesting that Chief Justice Roberts has been “derelict” in his duty to protect the court’s reputation. Schumer indicated he would discuss further steps with Durbin if the bill was blocked.

The vote came ahead of several major Supreme Court decisions expected in the coming weeks, including cases on former President Donald Trump’s claim of presidential immunity and the legality of medication used in abortions.

Justice Samuel Alito has been under scrutiny following reports of flying an upside-down American flag outside his home after the Jan. 6 insurrection. This prompted Durbin to call for his recusal from related cases — a request Alito denied.

Additionally, Justice Clarence Thomas faced criticism for not disclosing trips and gifts from GOP donor Harlan Crow. Last week, Thomas reported a 2019 trip to Bali with Crow in his financial disclosures.

The Supreme Court adopted a new code of ethics last November, advising justices to avoid political activity and recuse themselves if their impartiality might be questioned. However, this code is self-enforcing.

Democrats previously failed to pass a similar bill last summer, and it remains uncertain if Schumer will attempt to bring the SCERT Act to a vote through the normal legislative process.