Democrats on the Senate Judiciary Committee spent a hearing Tuesday making the case for legislation that would put the Supreme Court under an ethics code if the justices didn’t do so themselves, but witnesses were split as to whether Congress has the power to do so.
The backers of proposed bills argued that the justices have waited for too long to impose their own ethics code, exemplified by recent reports about undisclosed luxury trips and a real estate transaction Justice Clarence Thomas received from a billionaire GOP donor.
Amanda Frost, a University of Virginia Law School professor, testified that the Constitution is silent about the internal workings of the Supreme Court and instead left it to Congress to establish the court’s size, budget and rules like a quorum.