Courts

Okay, Even Lindsey Graham Knows Something Needs To Be Done About The Supreme Court

You know things are bad when the GOP is warming up to concept of Supreme Court ethics.

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Justices Thomas And Breyer Testify On US Supreme Court FY2011 Budget

(Photo by Alex Wong/Getty Images)

The politics — and ethics — of the Supreme Court has crossed from a niche fascination to a mainstream story. There are lots of reasons why, but the profound impact the Court’s overturning of Roe v. Wade had on countless people around the country certainly pushed it into stark relief. And to find out the ethical morass they’ve been operating in…. Well, it’s not a good look.

The recent revelations about the half a million in unreported vacations from donors or the real estate transactions with those same megadonors or conveniently neglecting to mention their business with Biglaw partners with business before the Court, and even the non-scandal revolving around John Roberts’s wife have hurt the Court’s reputation. And confidence in the institution was at an historic low *before* these ethics dilemmas came to light.

So, the Senate Judiciary Committee held a hearing on the matter — without the Court’s participation because the Chief Justice is convinced, despite all evidence to the contrary, that SCOTUS is above the fray. That largely devolved into a partisan fight, with too many Republicans eager to defend the questionable practices of the Court. But there are some folks who seem to get it, even if they aren’t making the strongest statements.

A reported by Politico, at least some in the GOP are signaling that a stronger code of ethics for the Court would be welcomed:

“What I would urge the court to do is take this moment to instill more public confidence,” said South Carolina Sen. Lindsey Graham, top Republican on the Senate Judiciary Committee.

“It does appear there needs to be better oversight,” said Sen. Chuck Grassley of Iowa, a previous chair of the panel, even as he dismissed the hearing as “political theater” and “relentless political battering.”

“I think that they could update, refresh and address the concerns without requiring any Congressional action,” said Sen. Thom Tillis (R-N.C.), adding that he hoped the hearing had been “instructive” to the high court.

Of course, none of these statements actually hold the Court’s feet to the fire. All folks are asking for is an enforceable code of ethics for the highest court with lifetime appointments — that shouldn’t be a big ask.

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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on

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