Durbin, Whitehouse Statement on Senate Judiciary Committee Advancing Supreme Court Ethics Reform Bill to Full Senate

WASHINGTON – Today, the Senate Judiciary Committee voted to advance the Supreme Court Ethics, Recusal, and Transparency Act of 2023 to the full Senate. U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, and U.S. Senator Sheldon Whitehouse (D-RI), Chair of the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights, released the following statement on the vote:

“Public support of the Supreme Court is at an all-time low following the steady stream of reports of Justices’ ethical failures. This vote is a first step in restoring the American people’s confidence in its highest court,” said Durbin and Whitehouse. “We’ve been working for 11 years to encourage the Supreme Court to adopt a binding code of conduct for all its Justices, whether appointed by Democratic or Republican Presidents. Chief Justice Roberts had his chance to act, and he refused. Now, we will – and it’s well within our constitutional authority to act. These reforms would apply in equal force to all Justices and – importantly – reinforce the Court’s legitimacy, contrary to the unfounded assertions by Senate Judiciary Republicans. It’s time for the nine Supreme Court Justices to abide by a code of conduct just like every other federal official. We look forward to working with our colleagues on its consideration before the full Senate.”

The Supreme Court Ethics, Recusal, and Transparency Act of 2023 would:

• require Supreme Court Justices to adopt a code of conduct;
• create a mechanism to investigate alleged violations of the code of conduct and other laws;
• improve disclosure and transparency when a Justice has a connection to a party or amicus before the Court; and
• require Justices to explain their recusal decisions to the public.

Durbin and Whitehouse have been calling on the Supreme Court to adopt an enforceable code of conduct for more than a decade. They first sent a letter to the Chief Justice on this issue 11 years ago.

In addition to the bill, the Committee voted to advance the nomination of Julia K. Munley, to be United States District Judge for the Middle District of Pennsylvania, by a vote of 12-9.

Video of Durbin’s opening statement is available here.

Audio of Durbin’s opening statement is available here.

Footage of Durbin’s opening statement is available here for TV Stations.

Video of Whitehouse’s opening statement is available here.