After Clarence Thomas’ Ethics Scandal For Receiving Gifts From Billionaires, Justice Kagan Calls For Enforceable Supreme Court Ethics Code

Supreme Court Justice Elena Kagan has become the first member of the U.S. Supreme Court to publicly advocate to strengthen the court’s new ethics code by introducing a mechanism for enforcement.

Kagan’s remarks, made at an annual judicial conference held by the 9th Circuit, underscore the growing concerns around the public’s dwindling confidence in the nation’s highest court.

While Kagan said she wouldn’t have signed onto the new rules if she didn’t believe they were important, she believes “having good rules is not enough.”

She said, “The thing that can be criticized is, you know, rules usually have enforcement mechanisms attached to them, and this one — this set of rules — does not.”

Kagan suggested that a committee of respected judges, appointed by the Chief Justice, could be tasked to oversee the implementation and enforcement of the ethics code.

The call for an enforceable ethics code comes amidst a backdrop of recent controversies around the Supreme Court’s conduct. High-profile cases such as the undisclosed luxury trips taken by Justice Clarence Thomas and the upside-down American flag displayed outside Justice Samuel Alito‘s home have drawn public scrutiny and eroded confidence in the court’s impartiality.

Thomas reportedly has received more than $4 million in gifts while on the high court.

Kagan recognized the dual purpose of an enforcement system – not only to address potential misconduct but also to protect justices from false accusations. By establishing a transparent and accountable process, the court can bolster its legitimacy and reputation.

“Both in terms of enforcing the rules against people who have violated them but also in protecting people who haven’t violated them — I think a system like that would make sense,” she said.

The justice’s remarks also touched on other aspects of the court’s operations, which included the importance of respecting precedent and avoiding the use of individual cases to advance broader agendas. Kagan emphasized the need for justices to work in concert, rather than issuing separate opinions that could create confusion in the lower courts.