In a candid interview with CBS News, Supreme Court Justice Ketanji Brown Jackson voiced her support for an enforceable code of ethics for the court, a position that aligns with calls from fellow justices and President Joe Biden. Jackson’s statement comes amidst scrutiny over the court’s recent handling of ethics and the controversial decision to grant broad immunity to former President Donald Trump.
When asked about the need for a binding code of ethics for Supreme Court justices, Jackson highlighted the common practice in other judicial bodies. “So, you know, a binding code of ethics is pretty standard for judges. And so I guess the question is, ‘Is the Supreme Court any different?’ And I guess I have not seen a persuasive reason as to why the court is different than the other courts,” she said. She further indicated her openness to an enforcement mechanism for such a code, stating, “I am considering supporting it as a general matter. I’m not gonna get into commenting on particular policy proposals. But from my perspective, I don’t have any problem with an enforceable code.”
Jackson also expressed concern about the court’s decision to grant broad immunity to Trump, a ruling that she and her fellow liberal justices, Elena Kagan and Sonia Sotomayor, opposed. She pointed out that this immunity decision creates a unique exception for the most powerful official in the country, potentially allowing him to operate outside the typical rules of the criminal justice system. “I mean that was my view of what the court determined,” Jackson stated. “I was concerned. The court … declared for the first time in history that the most powerful official in the United States can (under circumstances yet to be fully determined) become a law unto himself.”
The push for a binding code of ethics for the Supreme Court has gained momentum in recent months, with Justice Elena Kagan advocating for an enforcement system. This call follows the adoption of a code of ethics by the court last year, but without a specific mechanism to enforce it. President Biden further fueled the debate by proposing a three-pronged approach that included a binding code of ethics, term limits for Supreme Court judges, and additional measures.
These developments come at a time when the court is facing increased scrutiny regarding ethics and transparency, particularly following reports of justices failing to disclose luxury gifts and trips. The call for an enforceable code of ethics aims to address these concerns and ensure a greater level of accountability within the highest court in the land.
