Amna Nawaz
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WATCH: Justices Kagan and Barrett share differing views about enforcing Supreme Court ethics code
Posted
July 14, 2026
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July 14, 2026
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3:12Now PlayingSupreme Court Justices Elena Kagan and Amy Coney Barrett offered two different views on how the court could improve enforcement of the court’s voluntary code of ethics.
Responding to a question from Rep. Rosa DeLauro, D-Conn., during a Tuesday House subcommittee hearing, Kagan said she supported the use of a panel of respected federal judges.
“I think that we would be better off with an enforcement mechanism,” Kagan said. “If nothing else for public confidence.”
Kagan said it is important that any enforcement mechanism “come from the judiciary itself,” she added that there are “real complexities about how that would be done.”
Supreme Court Justice Amy Coney Barrett said that she was “fully committed to the code,” but was less certain about the enforcement mechanism.
Barrett agreed that any enforcement mechanism should come from within the judiciary, but said beyond that, “it's a question of who selects the judges, how is the panel comprised. There are just a lot of complexities.”
DeLauro said Congress and district courts have enforcement mechanisms. She said enforcement for the Supreme Court’s ethics code would be “for the integrity of the court.”
“We have to demonstrate at every turn that we are understanding of the kind of morality that we need to have and that we need to demonstrate to the public about how important we take the roles that we have, and that we're not somehow abridging the system or abusing the system,” DeLauro said.
Members of the Supreme Court have not testified before Congress since 2019. Kagan and Barrett's 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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