Durbin Invites Chief Justice Roberts to Testify Before the Judiciary Committee Regarding Supreme Court Ethics

WASHINGTON – U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, today sent a letter to Chief Justice John Roberts inviting him, or another Justice whom he designates, to appear before the Senate Judiciary Committee on May 2, 2023, at 10:00 a.m. to testify at a public hearing regarding Supreme Court ethics reform.

“Your last significant discussion of how Supreme Court Justices address ethical issues was presented in your 2011 Year-End Report on the Federal Judiciary.  Since then, there has been a steady stream of revelations regarding Justices falling short of the ethical standards expected of other federal judges and, indeed, of public servants generally.  These problems were already apparent back in 2011, and the Court’s decade-long failure to address them has contributed to a crisis of public confidence.  The status quo is no longer tenable,” wrote Durbin.  “The time has come for a new public conversation on ways to restore confidence in the Court’s ethical standards.  I invite you to join it, and I look forward to your response.”

In his letter, Durbin noted that there is ample precedent for sitting Justices of the Supreme Court to testify before Congress, including regarding ethics.  The Senate Judiciary Committee most recently heard testimony from sitting Justices on October 5, 2011, and that hearing included robust exchanges about the Court’s approach to ethics matters.

On April 10, Durbin and his Senate Judiciary Committee Democratic colleagues sent a letter to the Chief Justice urging him to take swift action to address reported conduct by Justices that is inconsistent with the ethical standards the American people expect of public servants.  The letter noted that as far back as 2012, Judiciary Committee Democrats had written the Chief Justice urging that the Court adopt a resolution binding the Justices to the same Code of Conduct that binds all other federal judges. The letter advised that the Committee would hold an upcoming hearing, and that if the Court doesn’t resolve this issue on its own, the Committee will consider legislation to resolve it.

Full text of today’s letter is available here and below:

April 20, 2023

Dear Chief Justice Roberts:

I invite you, or another Justice whom you designate, to appear before the Senate Judiciary Committee on May 2, 2023, at 10:00 a.m. in room 216 of the Hart Senate Office Building to testify at a public hearing regarding the ethical rules that govern the Justices of the Supreme Court and potential reforms to those rules.  In extending this invitation, I offer that the scope of your testimony can be limited to these subjects, and that you would not be expected to answer questions from Senators regarding any other matters. 

Your last significant discussion of how Supreme Court Justices address ethical issues was presented in your 2011 Year-End Report on the Federal Judiciary.  Since then, there has been a steady stream of revelations regarding Justices falling short of the ethical standards expected of other federal judges and, indeed, of public servants generally.  These problems were already apparent back in 2011, and the Court’s decade-long failure to address them has contributed to a crisis of public confidence.  The status quo is no longer tenable.

There is ample precedent for sitting Justices of the Supreme Court to testify before Congress, including regarding ethics.  The Senate Judiciary Committee most recently heard testimony from sitting Justices on October 5, 2011, and that hearing included robust exchanges about the Court’s approach to ethics matters.  The opportunity for the American people to hear from Justices in this setting presents a moment that could strengthen faith in our public institutions. 

The time has come for a new public conversation on ways to restore confidence in the Court’s ethical standards.  I invite you to join it, and I look forward to your response.

Sincerely,

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