GILLIBRAND, A CHAMPION OF GOVERNMENT ACCOUNTABILITY AND TRANSPARENCY, ANNOUNCES LEGISLATION TO REFORM THE SUPREME COURT
Editor’s note: Staten Islander News has previously covered the undisclosed gifts received by Supreme Court justices, as well as some of their recent decisions. These include the decision to legitimize criminalization of homelessness and the case to limit government agency’s regulatory powers.
WASHINGTON, D.C. – Following extensive allegations of misconduct by Supreme Court justices – including secretly accepting lavish gifts and luxury trips, failing to disclose conflicts of interest, and failing to recuse themselves from cases in which they have a vested stake – U.S. Senator Kirsten Gillibrand announced her support for the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act and the Supreme Court Biennial Appointments and Term Limits Act, bills that would reform the court by mandating more robust ethics and transparency requirements and imposing term limits for Supreme Court justices.
“The Supreme Court is facing a legitimacy crisis,” said Senator Gillibrand. “Justices have secretly accepted private jet travel, lavish hunting retreats, yacht vacations, and more from groups with cases before the court or a vested interest in their outcome. They operate with little to no oversight and rule on cases in which they face a conflict of interest. It’s unacceptable and it cannot continue. Today, I am announcing the SCERT Act, commonsense legislation to hold justices on our nation’s highest court to the same high standards as other public officials.
“I also support legislation to establish term limits for SCOTUS justices. This bill will depoliticize an increasingly partisan appointment process by allowing each president to nominate two justices per term. Regular appointments of justices will help ensure that the court reflects the will of the American people. These reforms are long overdue, and I look forward to fighting to get them passed.”
Specifically, the Supreme Court Ethics, Recusal, and Transparency Act would:
- Require the Supreme Court to develop and make public all of its ethics rules and procedures, including its code of conduct
- Require judges to recuse themselves from cases in which they have a clear conflict of interest or put the question of recusal up to a panel of impartial judges
- Mandate public, written explanations for all recusal decisions
- Establish a process for the public to submit ethics complaints against Supreme Court justices and establish an investigatory panel to evaluate complaints
- Require Supreme Court justices to disclose the same information about gifts, travel, and reimbursements as members of Congress
- Address conflicts of interest between judges and parties submitting amicus briefs by requiring those parties to disclose any gifts, lobbying, or spending related to the judge
The Supreme Court Biennial Appointments and Term Limits Act would:
- Require the appointment of a new Supreme Court justice every two years and regulate appellate jurisdiction cases so that only the nine most recently appointed justices hear those cases, effectively establishing an 18-year term limit
- Preserve life tenure for Supreme Court justices by ensuring that, after 18 years, justices who do not choose to retire can still hear constitutionally required original jurisdiction cases, step in for a recused justice, and exercise any other powers of the office
Gillibrand has been a champion for government accountability and transparency throughout her career. She authored the bipartisan STOCK Act, which banned insider trading by members of Congress, and she now leads the bipartisan Ban Stock Trading for Government Officials Act, which would ban stock ownership and trading by members of Congress, senior executive branch officials, and their families. She was also the first member of Congress to post a daily report listing her official meetings, personal financial disclosures, earmark requests, and taxes online.
Banner Image: Protest in front of Supreme Court. Image Credit – Ian Hutchinson
