Senate judiciary committee approves Whitehouse's bill for Supreme Court ethics code

WASHINGTON – In the wake of questions surrounding gifts and vacations given to Supreme Court Justice Clarence Thomas and other justices, the Senate Judiciary Committee today approved legislation that would give the Supreme Court a new ethics code, with R.I. Sen. Sheldon Whitehouse giving the opening remarks during the hearing about the bill he sponsored.

"We are here because the highest court in the land has the lowest standards of ethics anywhere in the federal government; and justices have exhibited much improper behavior, not least in hapless efforts to excuse the misdeeds," Whitehouse said in his opening speech. "This cannot go on. Defending this behavior defends the indefensible."

The legislation, called the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act, would both create a set of new ethics rules for the Supreme Court, but also a process to enforce them. New standards around gifts, conflicts of interest and transparency around recusals are the hallmarks of the bill, which likely has little chance of passing the Senate, as nine Republicans would need to vote to approve it. The Associated Press has reported that Republicans are strongly opposed, arguing the ethics bill could “destroy” the high court.

The committee voted along party lines Thursday afternoon to advance the legislation to the full Senate.

Whitehouse: 'The Supreme Court has been captured by special interests'

Whitehouse used his time with the floor to outline his reasons for introducing the bill, and evidence of "special interest" interference in the country's highest court.

"Let me first be candid about my belief that the Supreme Court has been captured by special interests, much like a railroad commission in the 1890s might have been captured by railroad barons to decide things their way," he said.

Speaking in front of a large chart, Whitehouse outlined what he said was the "flotilla" of front groups associated with just one case.

"The biggest flotilla, no surprise, appeared in the Bonta dark money case, supporting a corporate appendage of the Koch Brothers’ main political dark-money battleship, Americans For Prosperity," he said, referencing the chart. "I counted fifty-five. Fifty-five."

Senate Judiciary Committee Chairman Sen. Dick Durbin, in his remarks, compared the current ethics policy for the Supreme Court to the ethics policy for senators, saying any senator sitting on the committee would be in violation of ethics rules if they engaged in the same behavior the justices had.

More: Harlan Crow declines to provide information to Senate Democrats on Clarence Thomas gifts

On Wednesday, Republican lawmakers vowed to oppose the bill, saying it was more about Democrats disagreeing with recent Supreme Court decisions rather than actual ethics violations.

“It’s not about ethics or accountability,” said Iowa Sen. Chuck Grassley, a senior Republican on the panel. “It’s about outcomes they don’t like.”

Reporting by the Associated Press was used for this story.

This article originally appeared on The Providence Journal: Sheldon Whitehouse says Supreme Court captured by special interests