With scandals dogging the U.S. Supreme Court, a New York Democrat has introduced legislation to create an independent investigatory body to review alleged ethical lapses by the justices.

Rep. Dan Goldman rolled out legislation Tuesday establishing both an Office of Investigative Counsel and an Office of Ethics Counsel at the court, according to a copy of the bill obtained first by NY1.

What You Need To Know

  • Rep. Dan Goldman rolled out legislation Tuesday establishing both an Office of Investigative Counsel and an Office of Ethics Counsel at the court, according to a copy of the bill obtained first by NY1

  • The court has recently faced mounting criticism, especially from Democrats, after a series of ethics controversies

  • Under Goldman’s proposal, a new Office of Investigative Counsel would be empowered to examine ethics complaints filed against justices “arising from their actions or the actions of their spouses and dependents”
  • The bill is expected to face an uphill fight in the divided Congress

Last year, amidst mounting pressure, the court adopted a code of conduct. However, it lacks an enforcement mechanism, and the justices are largely left to regulate themselves. 

In a statement, Goldman said, “Our nation’s highest court is facing an unprecedented crisis of legitimacy because there is no enforceable code of ethics and no accountability to the fundamental norms required of all other judges... The ‘Supreme Court Ethics and Investigations Act’ is a sorely needed first step to hold Supreme Court Justices accountable and ensure the highest court does not have the lowest ethical standards.”

Under Goldman’s proposal, a new Office of Investigative Counsel would be empowered to examine ethics complaints filed against justices “arising from their actions or the actions of their spouses and dependents.” The head of the counsel would have the power to issue subpoenas and can ask a U.S. district court to mandate compliance. 

Once an investigation concludes, the counsel would be required to issue a report to the chief justice and Congress, detailing its findings and recommendations.

Under the legislation, the top Republican and Democrat in the House and Senate, as well as the top Republican and Democrat on the House and Senate Judiciary Committees, could file complaints.

The Office of Ethics Counsel, meanwhile, would offer guidance and training to justices and their spouses on ethical matters, including questions about financial disclosure requirements, the acceptance of gifts, and cases of conflict interest and potential recusal.

The counsel’s office would be required to provide annual reports to the House and Senate on the guidance offered.

The legislation’s initial co-sponsors include Rep. Jerry Nadler, the top Democrat on the House Judiciary Committee, plus Reps. Hank Johnson and Mikie Sherrill.

The court has recently faced mounting criticism, especially from Democrats, after a series of ethics controversies.

Last month, The New York Times first reported that an upside down American flag — a symbol associated with the “Stop the Steal” movement — flew outside of the home of Justice Samuel Alito in 2021.

After the flag report first came to light, Goldman and others called on Alito to recuse himself from cases involving the Jan. 6 attack on the Capitol. Alito, who blamed his wife for the upside down flag, declined to do so.

Justice Clarence Thomas, meanwhile, has drawn scrutiny amid reports that he repeatedly accepted expensive gifts from a Republican donor, including luxury trips, without disclosing details on financial forms.

The bill is expected to face an uphill fight in the divided Congress.