Justice Kagan Urges Enforcement of New Supreme Court Ethics Code

Justice Elena Kagan, a member of the U.S. Supreme Court, recently called for strengthening its new ethics code with an enforcement mechanism. Speaking at an annual judicial conference held by the 9th Circuit in Sacramento, California, she argued that while having good rules is vital, it's equally essential to have mechanisms for enforcing them. 

Kagan emphasized that although it might be challenging to determine who should enforce the ethics code among judges themselves, this responsibility would likely fall on their shoulders. A potential solution could involve Chief Justice John Roberts appointing a committee of esteemed judges to enforce these rules. 

The conversation around reforming the Supreme Court has been reignited amongst Democrats and President Joe Biden himself. Proposals under consideration include establishing term limits and making a legally enforceable ethical conduct code. 

The need for implementing an ethics code within the court became more pressing following reports last year about Justice Clarence Thomas accepting luxury trips from a significant Republican donor without disclosing them — as uncovered by ProPublica investigations. The Associated Press also reported instances of both liberal and conservative justices participating in partisan activities. 

Moreover, public trust in the court has seen a considerable decline over recent years; according to findings from The Associated Press-NORC Center for Public Affairs Research survey conducted in June this year: only four out of ten American adults hold substantial confidence in justices' decisions; furthermore, 70% believe those decisions are influenced more heavily by personal ideologies than neutral judgment. 

Kagan argues that apart from ensuring rule compliance through enforcement mechanisms attached to codes of conduct within judiciary bodies like theirs', they can also shield Justices against false misconduct accusations. "Both in terms of enforcing the rules against people who have violated them but also protecting people who haven't violated them – I think a system like that would make sense," Kagan stated during her speech at the conference. 

Throughout her tenure on Supreme Court since being nominated by former President Barack Obama back in 2010, Kagan has often found herself in the minority on contentious issues. She opposed decisions to permit states to enforce bans on homeless encampments and grant former presidents wide-ranging immunity from criminal prosecution for official acts. However, she did agree with the other eight justices in preserving access to mifepristone, an abortion medication. 

Kagan has been vocal about her concerns over declining public trust in the court due to perceived political bias among judges. After Roe v. Wade was overturned by the Supreme Court in 2022, she warned of potential legitimacy loss if judges are viewed as "an extension of the political process or when they're imposing their own personal preferences." 

Justice Elena Kagan's call for a stronger enforcement mechanism within their new ethics code is a significant step towards restoring this lost faith and ensuring accountability within America's highest judicial body.