Senate Considers Tying Supreme Court Funding To Ethics Code Enforcement

U.S. Supreme Court building is seen in Washington

A top Senate appropriator is considering fencing off operational funding for the Supreme Court in the fiscal year 2025 spending bill. This move would require the court to enforce an ethics code to access the funding, following controversies involving Justices Clarence Thomas and Samuel Alito's wives' political behavior and gifts from wealthy friends.

The Appropriations Subcommittee on Financial Services and General Government Chairman, Chris Van Hollen, D-Md., is looking into reviving a proposal to compel the Supreme Court to implement an enforceable code of ethics. Last year, Van Hollen proposed fencing off some of the court's operational funding until an ethics code similar to that of lower courts was in place.

Renewed calls for an ethics code for Supreme Court justices arose after reports of Thomas' relationship with a billionaire real estate tycoon and lavish gifts received. Allegations of unethical conduct were further fueled by incidents involving Alito, including the display of an upside-down American flag and an 'Appeal to Heaven' flag at his homes.

Controversies surrounding Justices Thomas and Alito's wives' political behavior prompt renewed calls for ethics code.

Senate Appropriations Subcommittee Chairman Chris Van Hollen seeks to enforce an ethics code.

Allegations of unethical conduct against Justices Thomas and Alito spark concerns about impartiality.

Senate Democrats have urged Thomas and Alito to recuse themselves from cases related to the 2020 election, citing concerns about impartiality. Despite calls for recusal, neither justice stepped down from the case involving former President Trump's immunity, which was recently ruled on by the high court.

Sen. Richard Blumenthal, D-Conn., has advocated for the Supreme Court Ethics, Recusal, and Transparency Act to be included in the annual appropriations bill. However, the bill has not yet been brought to the Senate floor for a vote, raising questions about Democratic support and Majority Leader Chuck Schumer's stance on the matter.

Sen. Sheldon Whitehouse, D-R.I., has pushed for the bill's passage in light of the Alito controversy. He has discussed the bill with Schumer, but its scheduling for a vote remains uncertain. Meanwhile, Sen. Peter Welch, D-Vt., has emphasized the importance of a credible and respected Supreme Court, suggesting a standalone approach to address ethics concerns.