Calling Balls and Strikes: Ethics and Supreme Court Justices (CRS Report for Congress)
Release Date |
Aug. 20, 2018 |
Report Number |
LSB10189 |
Report Type |
Legal Sidebar |
Authors |
Cynthia Brown |
Source Agency |
Congressional Research Service |
Summary:
At his confirmation hearing in 2005, Chief Justice Roberts famously described his view of judges as
umpires, pledging that, if confirmed, he would “call balls and strikes” when applying the law. Chief
Justice Roberts emphasized the constitutional structure that underpins the Supreme Court and the rest of
the federal judiciary, which is based on independence from political influence. The Court’s independence
and its insulation from political influence is a perennial issue, which has received heightened attention
with Judge Brett Kavanaugh’s pending nomination. What mechanisms ensure the integrity of Justices as
federal officials? Are Justices subject to any rules of ethical conduct? How might such ethics rules be
enforced? This Sidebar examines these questions and Congress’s potential role in regulating the ethics of
the Supreme Court Justices