Current:Home > InvestJustice Kagan says there needs to be a way to enforce the US Supreme Court’s new ethics code -Thrive Capital Insights
Justice Kagan says there needs to be a way to enforce the US Supreme Court’s new ethics code
View
Date:2025-04-27 18:04:38
SACRAMENTO, Calif. (AP) — Justice Elena Kagan on Thursday became the first member of the U.S. Supreme Court to call publicly for beefing up its new ethics code by adding a way to enforce it.
In her first public remarks since the nation’s highest court wrapped up its term earlier this month, Kagan said she wouldn’t have signed onto the new rules if she didn’t believe they were good. But having good rules is not enough, she said.
“The thing that can be criticized is, you know, rules usually have enforcement mechanisms attached to them, and this one — this set of rules — does not,” Kagan said at an annual judicial conference held by the 9th Circuit. More than 150 judges, attorneys, court personnel and others attended.
It would be difficult to figure out who should enforce the ethics code, though it should probably be other judges, the liberal justice said, adding that another difficult question is what should happen if the rules are broken. Kagan proposed that Chief Justice John Roberts could appoint a committee of respected judges to enforce the rules.
Democrats, including President Joe Biden, have renewed talk of Supreme Court reforms, including possible term limits and an ethics code enforceable by law.
The court had been considering adopting an ethics code for several years, but the effort took on added urgency after ProPublica reported last year that Justice Clarence Thomas did not disclose luxury trips he accepted from a major Republican donor. ProPublica also reported on an undisclosed trip to Alaska taken by Justice Samuel Alito, and The Associated Press published stories on both liberal and conservative justices engaging in partisan activity.
Earlier this year, Alito was again criticized after The New York Times reported that an upside-down American flag, a symbol associated with former President Donald Trump’s false claims of election fraud, was displayed outside his home. Alito said he had no involvement in the flag being flown upside down.
Public confidence in the court has slipped sharply in recent years. In June, a survey for The Associated Press-NORC Center for Public Affairs Research found that 4 in 10 U.S. adults have hardly any confidence in the justices and 70% believe they are more likely to be guided by their own ideology rather than serving as neutral arbiters.
Kagan, who was nominated to the Supreme Court in 2010 by then-President Barack Obama, said Thursday that having a way to enforce the ethics code would also protect justices if they are wrongly accused of misconduct.
“Both in terms of enforcing the rules against people who have violated them but also in protecting people who haven’t violated them — I think a system like that would make sense,” she said.
The Supreme Court ruled on a range of contentious issues this term, from homelessness to abortion access to presidential immunity. Kagan was in the minority as she opposed decisions to clear the way for states to enforce homeless encampment bans and make former presidents broadly immune from criminal prosecution of official acts. Kagan joined with the court’s eight other justices in preserving access to mifepristone, an abortion medication.
Kagan has spoken in the past about how the court is losing trust in the eyes of the public. She said after the court overturned Roe v. Wade in 2022 that judges could lose legitimacy if they’re seen as “an extension of the political process or when they’re imposing their own personal preferences.”
___
Associated Press writer Mark Sherman in Washington contributed to this report.
___
Austin is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Austin on X: @sophieadanna
veryGood! (68133)
Related
- Chief beer officer for Yard House: A side gig that comes with a daily swig.
- Falling tree at a Michigan nature center fatally injures a boy who was on a field trip
- Couple reportedly tried to sell their baby for $1,000 and beer, Arkansas deputies say
- 'We've got a problem': Sheriff scolds residents for ignoring Helene evacuation order
- Pressure on a veteran and senator shows what’s next for those who oppose Trump
- Why Paige DeSorbo Wasn't by Boyfriend Craig Conover's Side at 2024 People's Choice Country Awards
- Fire marshal cancels hearing for ammonia plant amid overflowing crowd and surging public interest
- Indicted New York City mayor could appear before a judge Friday
- North Carolina trustees approve Bill Belichick’s deal ahead of introductory news conference
- Judge orders US government to leave Wisconsin reservation roads open
Ranking
- Tony Hawk drops in on Paris skateboarding and pushes for more styles of sport in LA 2028
- Glock pistols are popular among criminals because they’re easily modified, report says
- Ex-'Apprentice’ candidates dump nearly entire stake in owner of Trump’s Truth Social platform
- Wyoming Lags in Clean Energy Jobs, According to New Report
- Bet365 ordered to refund $519K to customers who it paid less than they were entitled on sports bets
- Watch: Grounds crew helps Athletics fans get Oakland Coliseum souvenir
- Catherine Zeta-Jones celebrates Michael Douglas' 80th birthday 'in my birthday suit'
- Texas official indicted, accused of making fake social media posts during election
Recommendation
Tony Hawk drops in on Paris skateboarding and pushes for more styles of sport in LA 2028
Former Denver Broncos QB John Elway revealed as Leaf Sheep on 'The Masked Singer'
ANSWERS Pet Food recalled over salmonella, listeria concerns: What pet owners need to know
Emmanuel Littlejohn executed in Oklahoma despite clemency recommendation from state board
Vance jokes he’s checking out his future VP plane while overlapping with Harris at Wisconsin airport
A New England treasure hunt has a prize worth over $25,000: Here's how to join
Tori Spelling's longtime manager wants '60 Minutes' investigation after 'DWTS' elimination
Last of Us' Bella Ramsey and Nashville's Maisy Stella Seemingly Confirm Romance