Supreme Court Ethics Act of 2017

In Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009), Justice Kennedy, writing for the Court, stated that “[judicial codes of conduct] serve to maintain the integrity of the judiciary and the rule of law”.

The Code of Conduct for United States Judges (referred to in this subsection as the “Code”) applies to all Federal judges except Justices of the Supreme Court. Justices of the Supreme Court are not formally bound by any code of conduct. Chief Justice John Roberts noted in the 2011 Year-End Report on the Federal Judiciary that while the Judicial Conference, which promulgates the Code, does not have authority to bind the Supreme Court, the Code is nonetheless “the starting point and a key source of guidance for the Justices as well as their lower court colleagues”.

Congress has the authority to regulate the administration of the Supreme Court of the United States. For example, Congress sets the number of justices who sit on the Supreme Court and how many constitute a quorum, the term of the court, meaning the dates the court will be in session, and the salaries of the Justices. Additionally, the Ethics in Government Act of 1978 (5 U.S.C. App.) requires most high-level Federal officials in all 3 branches, including the President, Vice President, cabinet members, Justices of the Supreme Court, and Members of Congress, to file annual financial disclosure statements.