Since 2022, Democrats have been increasing pressure on the Court following its decision to reverse Roe v. Wade. Recently, the U.S. Senate declined to approve a Democrat-sponsored Supreme Court ethics reform bill proposed by Senate Majority Whip Dick Durbin (D-Ill.) on June 12. Sen. Lindsey Graham (R-S.C.) objected to passing the Supreme Court Ethics, Recusal, and Transparency Act (SCERT) without a formal vote, calling it an unconstitutional overreach by Democrats to undermine a Court they oppose.
Despite the objection, the legislative measure remains active and may return to the Senate floor through the standard process. Mr. Durbin, also the Senate Judiciary Committee chairman, expressed doubts about the bill’s easy passage on June 11.
Democrats have been escalating pressure on the Supreme Court since its Roe v. Wade reversal in 2022, particularly focusing on Justices Clarence Thomas and Samuel Alito. Concerns have been raised about the justices accepting gifts from Republican donors without initial disclosure, leading to accusations of bias and calls for recusal in certain cases.
Republicans argue that there is no evidence of the gifts influencing the justices’ behavior on the bench and criticize Democrats for targeting the Court based on disagreement with its decisions. The proposed SCERT bill aims to establish a system for public complaints against justices for misconduct or actions undermining the court’s integrity.
The bill, if passed, would empower a panel of lower court judges to investigate complaints against justices, impose disciplinary actions, and establish rules for disclosure of gifts and income. It would also allow litigants to file motions for justice disqualification in specific cases and require justices to recuse themselves in certain circumstances.
The ongoing developments surrounding the SCERT bill and the broader debate on Supreme Court ethics continue to evolve, with potential implications for the functioning and transparency of the judicial system.
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