"At his confirmation hearing in 2005, Chief Justice Roberts famously described his view of judges as
umpires, pledging that, if confirmed, he would “call balls and strikes” when applying the law. Chief
Justice Roberts emphasized the constitutional structure that underpins the Supreme Court and the rest of
the federal judiciary, which is based on independence from political influence. The Court’s independence
and its insulation from political influence is a perennial issue, which has received heightened attention
with Judge Brett Kavanaugh’s pending nomination. What mechanisms ensure the integrity of Justices as
federal officials? Are Justices subject to any rules of ethical conduct? How might such ethics rules be
enforced? This Sidebar examines these questions and Congress’s potential role in regulating the ethics of
the Supreme Court Justices.
Ethics Rules that Govern Judicial Conduct Generally
State codes of conduct and the Judicial Conference of the United States’ (Judicial Conference) federal
Code of Conduct for United States Judges (Code of Conduct) set forth judicial ethics and standards of
professional conduct. The Code of Conduct is largely aspirational and does not delineate specific
prohibited behaviors. Rather, it identifies five canons of conduct, instructing that judges:
Should uphold the integrity and independence of the judiciary;
Should avoid impropriety and the appearance of impropriety in all activities;
Should perform the duties of the office fairly, impartially and diligently;
May engage in extrajudicial activities that are consistent with the obligations of a judicial
office; and
Should refrain from political activity..".
Ethics and Supreme court judges
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