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This bill would also inject impartiality into the recusal process by allowing the full Supreme Court, rather than each individual justice, to consider certain recusal motions. “This legislation would ensure that the justices recuse themselves from cases where their impartiality could reasonably be questioned, by delineating additional instances where recusal is clearly required. “To make matters worse, because the Court’s practice is that each justice’s recusal decisions are not subject to any form of review, each justice currently simply decides for themselves whether recusal is warranted. I expect him to recuse when he knows, or even reasonably suspects, that his wife’s communications would appear in the records that President Trump sought to withhold from Congress. “To be clear, I do not expect Justice Thomas to recuse himself from cases because his spouse holds a particular political point of view. “We also now know that one justice failed to recuse from at least one case involving the attempted overthrow of our democratically elected government, despite his wife’s apparent direct and active involvement in that effort. Two justices refused to recuse from a case involving their publisher who had given them six and seven-digit book deals. Last year, for example, one justice refused to recuse from a case involving a group whose affiliate had spent more than a million dollars supporting her appointment to the bench. “Recent years have also seen the justices’ repeated and worsening failures to abide by the existing federal recusal statute. No longer would each justice get to pick and choose their ethical obligations without being bound by a single, uniform code.
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7647 would require the Supreme Court to promulgate an express code of conduct that would apply to both the justices and their employees. “Recent events-whether it be the unprecedented leak of a draft opinion, speeches given at closed-door events with parties to ongoing cases in front of the Court, or public appearances with political figures-all call out for scrutiny under a defined code of ethics. Even entry-level employees in the executive branch are subject to more stringent ethics requirements than the Justices of the Supreme Court. Every member of Congress is subject to a code of conduct, as is every other federal judge. “People are justifiably shocked when they learn that not only is there no code of conduct for the Supreme Court, but that the justices have steadfastly opposed the creation of one. “We expect the justices of our nation’s highest court to hold themselves to the highest standards of ethical conduct, but, in fact, their conduct too often falls below the standards that most other government officials are required to follow. “But the institution of the Court has been undermined in recent years by the actions of the justices themselves-justices appointed by Presidents at both ends of the ideological spectrum. Its fidelity to equal and impartial justice, as well as the public's faith in the integrity of the judiciary, are foundational to maintaining the rule of law. “The Supreme Court is one of the nation’s most vital institutions. 7647, the “Supreme Court Ethics, Recusal, and Transparency Act of 2022,” would address the growing and persistent ethics crisis at our nation’s highest court.
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7647, the “Supreme Court Ethics, Recusal, and Transparency Act of 2022”: Today, House Judiciary Committee Chairman Jerrold Nadler (D-NY) delivered the following opening statement, as prepared, during a full committee markup of H.R.