WATCH: Justices address Supreme Court’s voluntary code of ethics, enforcement challenges

Rep. Rosa DeLauro, D-Conn., asked Supreme Court Justices Elena Kagan and Amy Coney Barrett about the high court’s lack of a binding code of ethics during a House Appropriations subcommittee hearing Tuesday.

DeLauro described the “very strict gift and ethics rules” members of Congress have to abide by, and noted that in 2023 the Supreme Court adopted a voluntary code of ethics.

“But it is entirely self-policing without any mechanism for enforcement. It is more permissive than the code that applies to all other federal judges,” DeLauro said. She added that justice's financial disclosures have shown that members of the court have accepted tickets and trips that exceed the voluntary code’s threshold.

“Is this a time to make this a requirement instead of a suggestion?” DeLauro asked.

Barrett said justices follow restrictions under the judicial conference of the United States.

Kagan said she believes the court should “work hard to try to figure out some enforcement system” for the voluntary code of ethics, but added that it is difficult.

“I don't think that you would want an enforcement system that was controlled by the executive branch or by the legislature,” Kagan said.

Members of the Supreme Court have not testified before Congress since 2019. Their appearances in both House and Senate hearings Tuesday are focused on requesting more funding for security, as threats and incidents of harassment and intimidation aimed at the judiciary have risen.

The justices are making their rare appearance after the Supreme Court wrapped up its latest term late last month with major decisions on birthright citizenship, transgender rights, executive authority, campaign finance rules and mail-in voting – all topics that may come up in lawmakers’ questioning, in addition to the security funds request.

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