Supreme Court Taking ‘Concrete Steps’ to Address Ethics Allegations: Justice Kavanaugh

Supreme Court Taking ‘Concrete Steps’ to Address Ethics Allegations: Justice Kavanaugh
Justices of the U.S. Supreme Court pose for their official photo at the Supreme Court in Washington on Oct. 7, 2022. (Front L–R) Justices Sonia Sotomayor and Clarence Thomas, Chief Justice John Roberts, Justices Samuel Alito and Justice Elena Kagan. (Back L–R) Justices Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson. Olivier Douliery/AFP via Getty Images
Katabella Roberts
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The Supreme Court is working on “concrete steps” to address alleged ethics issues at the nation’s highest court following multiple reports alleging shortcomings, Supreme Court Justice Brett Kavanaugh has said.

Justice Kavanaugh made the comments at a judicial conference in Ohio on Sept. 7 where he appeared before judges and lawyers and was questioned by Judge Stephanie Dawkins Davis of the U.S. Court of Appeals for the 6th Circuit about “perceived ethics issues” at the high court, The Washington Post reported.

“The chief justice spoke about that in May and said that we are continuing to work on those issues and that is accurate, we are continuing to work on those issues,” Justice Kavanaugh responded, referencing a speech by Chief Justice John Roberts in which he vowed to ensure the court adheres to the highest standards of conduct.

“And I’m hopeful that there will be some concrete steps taken soon on that,” Justice Kavanaugh said.

“We’re nine public servants that are hard-working and care a lot about the court and care a lot about the judiciary as a whole,” he said.

The justices “want that respect for the institution to be shared by the American people,” he continued. “To the extent that we can increase confidence, we’re working on that.”

Supreme Court Associate Justice Clarence Thomas attends the ceremonial swearing-in ceremony for Justice Amy Coney Barrett on the South Lawn of the White House in Washington on Oct. 26, 2020. (Tasos Katopodis/Getty Images)
Supreme Court Associate Justice Clarence Thomas attends the ceremonial swearing-in ceremony for Justice Amy Coney Barrett on the South Lawn of the White House in Washington on Oct. 26, 2020. Tasos Katopodis/Getty Images

Questions Over Ethics

Justice Kavanaugh’s comments come as the Supreme Court has faced criticism after media outlets published a series of reports in recent months regarding Justice Clarence Thomas and a number of gifts he reportedly received from conservative billionaire Harlan Crow.
Justice Thomas filed a disclosure form on Aug. 31 detailing the previously undisclosed gifts from Mr. Crow, who is also a close friend.

The form, which was filed with the Committee on Financial Disclosure of the Administrative Office of the United States, indicates that Mr. Crow—who is also a Republican Party donor—paid for private jet trips for the justice, including one allowing him to attend an event in Texas in 2022 and another in which he vacationed at a friend’s New York estate.

Justice Thomas has said he has “always sought to comply with the disclosure guidelines” and did not previously disclose the hospitality from his close personal friend because he was advised early on that such activity “did not have business before the Court, was not reportable.”

Despite being advised that he did not need to disclose such information, he has vowed to do so going forward in an effort to bolster transparency among the American people.

In July, the Senate Judiciary Committee advanced legislation that includes reforms on standards for transparency in the Supreme Court when it comes to recusals, gifts, and potential conflicts of interest.
Associate Supreme Court Justice Clarence Thomas sits with his wife and conservative activist Virginia Thomas while he waits to speak at The Heritage Foundation in Washington on Oct. 21, 2021. (Drew Angerer/Getty Images)
Associate Supreme Court Justice Clarence Thomas sits with his wife and conservative activist Virginia Thomas while he waits to speak at The Heritage Foundation in Washington on Oct. 21, 2021. Drew Angerer/Getty Images

Public Opinion Mixed

Still, that has not stopped some media outlets from also calling for a full-blown investigation into Justice Thomas. Meanwhile, his wife, Virginia “Ginni” Thomas has faced press scrutiny for her conservative activism.

Three of the six conservative justices on the Supreme Court were appointed by President Donald Trump, who is currently involved in multiple legal battles with the Department of Justice, among others.

Other justices, including Justice Samuel Alito, have also come under scrutiny for alleged ethical issues such as failing to disclose a paid fishing trip.

Like Justice Thomas, Justice Alito has said it was not standard practice to disclose such trips in financial statements.

“The flight to Alaska was the only occasion when I have accepted transportation for a purely social event, and in doing so I followed what I understood to be standard practice,” Justice Alito wrote in a Wall Street Journal piece in June.

Despite the justices vowing to bolster public transparency going forward, public perception of the Supreme Court is currently divided amid the recent reports as well as the justices’ decisions to end Roe v. Wade and reject the Biden administration’s student loan forgiveness program.

A survey by Pew Research published in July found that just 44 percent of respondents had a favorable view of the Supreme Court—the lowest level in public opinion surveys since 1987.

However, the survey also found that roughly half of respondents believe the Supreme Court has the right amount of power.

Matthew Vadum contributed to this report.
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