According to former U.S. prosecutor Joyce Vance, certain Supreme Court justices exploited a loophole to keep financial information hidden. This could be crucial for litigants evaluating any conflicts of interest.
Vance, on her Substack blog, questioned the absence of an external ethics board for the Supreme Court akin to the Office of Congressional Ethics.
The Supreme Court, along with its members, has faced intense scrutiny following recent controversial decisions, such as the June 2022 ruling overturning the 1973 landmark decision of Roe v. Wade.
Eight out of nine Supreme Court Justices released their financial disclosures from the previous year, except Justice Samuel Alito, on June 7th. Justice Clarence Thomas disclosed two trips funded by a conservative billionaire in 2019— to Bali and a private club in California, as revealed by a ProPublica investigation. Thomas stated that these trips were disclosed inadvertently.
Vance noted that historically, some justices broadly interpreted the Personal Hospitality Clause to avoid declaring certain gifts. While Supreme Court Justices are not bound by the Code of Conduct for United States Judges, they are required to report financial details like income, debts, and gifts.
In practice, Vance claimed that some justices have used the Personal Hospitality Clause loophole to sidestep disclosures that could be significant for litigants.
The Supreme Court in November 2023 adopted the Code of Conduct for Justices of the Supreme Court, which is non-binding with no penalties for non-compliance.
In September 2023, Democratic Senator Sheldon Whitehouse introduced legislation for a mandatory code of ethics for the Supreme Court, but it did not proceed to a vote. Republican Senator Lindsey Graham criticized a similar proposal, calling it unconstitutional and an overreach that would diminish the court’s effectiveness.
Liberal documentarian filmmaker Lauren Windsor covertly recorded Justice Samuel Alito advocating for a return to godliness. Bannon, Trump’s former strategist, praised Alito for his deep beliefs after the recordings were released.