In an inspiring act of self-reflection usually reserved for diary entries and awkward corporate retreats, the Supreme Court of the United States has agreed to adopt a code of ethics that it solemnly promises to follow, probably. This comes after increased public scrutiny over the justices’ financial entanglements, undisclosed trips and the sort of social calendars that would make a frequent flyer weep.
The document, succinctly titled the “Code of Conduct for Justices of the Supreme Court of the United States,” is a 14-page testament to ethical living which includes helpful reminders such as “don’t accept yacht vacations from billionaires” and “perhaps be transparent about those luxury real estate deals.” While the code bears a close resemblance to the one followed by lower court judges, critics were quick to point out the glaring omission of any mechanism to actually enforce it. Much like a New Year’s resolution to jog every morning, it is entirely voluntary and extremely unenforceable.
Justice Samuel Alito, who has come under fire for his travel habits being less public transit and more jet set, was quick to defend his behavior, insisting there was no wrongdoing. And with the new code also containing no penalties, one might say the justices can henceforth consider ethics more of a suggestion than a rule. After all, why tie yourself down with accountability when aspiration will do?
The code’s meticulously worded introduction notes that the justices have, of course, always tried their utmost to live exemplary ethical lives even in the absence of written guidance. If that conjures images of foxes managing the henhouse, then you are probably more chicken than the rest of us. Critics, including several legal scholars and Democrats in Congress, remained firmly skeptical, suggesting the Court’s newfound commitment to ethics might fall under the category of “belated and toothless PR maneuver.” The judges themselves seemed unfazed, no doubt comforted by the knowledge that they are their own judge, jury and, if needed, public relations firm.
So while America’s highest court now has a code of conduct, they will also continue to have one of the lowest thresholds for consequences, a balance that keeps tradition intact while ethics take a dignified nap.
Justice is blind, yes, but apparently she still can read fine print.