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Justice Amy Coney Barrett says ethics rules for the Supreme Court would be a 'good idea'

The conservative justice indicated support for a code of conduct similar to the one that applies to lower federal court judges.
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Conservative Justice Amy Coney Barrett indicated Monday she would support a code of conduct for the Supreme Court in the wake of recent claims that some justices have fallen short of required ethical standards.

Speaking at the University of Minnesota Law School, Barrett said it would be "a good idea for us do it" and suggested that the justices are broadly in support of a set of principles similar to those that lower court judges are required to follow.

"There is no lack of consensus among the justices. There's unanimity among all nine justices that we should and do hold ourselves to the highest ethical standards possible," she added.

Barrett, who did not address the ethics issue at a public event in August, said the justices already follow existing rules such as the requirement that federal judges file financial disclosure reports every year.

Supreme Court Associate Justice Amy Coney Barrett speaks during the Seventh Circuit Judicial Conference in Lake Geneva, Wis., on Aug. 28, 2023.
Supreme Court Associate Justice Amy Coney Barrett speaks during the Seventh Circuit Judicial Conference in Lake Geneva, Wis., on Aug. 28, 2023.Morry Gash / AP

She declined to comment on why the court has not yet adopted a code despite pressure from members of Congress and ethics experts.

"That's something I can't really speak for the court about or make any sort of guess about," Barrett said.

The court has been under scrutiny for alleged ethics lapses after a ProPublica article in April detailed Justice Clarence Thomas’ acceptance of trips from Harlan Crow, a Republican donor, which he had not disclosed in his annual financial disclosure reports. Thomas defended his actions, saying the gifts from Crow constituted “personal hospitality,” meaning he did not have to disclose them under the judicial disclosure rules at the time. Those rules have since been updated.

Some members of Congress have backed legislation about the issue, although the court could address the issue itself by adopting its own ethics code.

Some other justices have expressed support for a new ethics code. Liberal Justice Elena Kagan said last month that it would be a "good thing," and conservative Justice Brett Kavanaugh said earlier last month that he was hoping for "concrete steps soon."

Chief Justice John Roberts said in May that the justices are "continuing to look at things we can do" to reflect their commitment to the highest ethical standards.

The justices issued a statement in April saying they “reaffirm and restate” their commitment to ethics principles, an announcement that failed to quell criticism.