Kagan Hopeful for Supreme Court Code Amid Ethics Allegations

Elena Kagan became the latest justice to weigh in on the need for a Supreme Court code of ethics, confirming that it’s “been a subject of conversation within the court.”

Adopting a code “would go far in persuading other people that we were adhering to the highest standards of conduct,” Kagan said Friday at Notre Dame Law School. She also said a code would help the justices with their own compliance with ethical rules.

Allegations largely involving Justice Clarence Thomas have prompted progressive calls for Congress to step in if the justices don’t address these ethics concerns. The justices, including Kagan, have debated whether Congress has the power to impose a code on a separate branch of government.

Kagan’s comments follow remarks by both Chief Justice John Roberts and Justice Brett Kavanaugh on the topic.

In May, Roberts acknowledged that it was important that the public know that the justices are adhering to the highest ethical standards. The justices “are continuing to look at the things we can do to give practical effect to that commitment.” And earlier this month Kavanaugh hinted that such a code might be coming soon.

Kagan said there were still some “good faith” disagreements or concerns from the justices. “I hope we can get them worked out,” she said.

When asked by the the law school’s dean G. Marcus Cole who the hold up was, Kagan demurred.

“What goes on in the conference room, goes on in the conference room,” she quipped.