Supreme Court's Ethical Crisis and Public Disapproval

The Supreme Court's declining trust reflects growing public concern over justices' ethics and partisanship.

### The Supreme Court's Ethical Crisis and Public Discontent
* ⚖ The Supreme Court has faced a significant decline in public trust, with a Gallup poll in July 2024 revealing a **52% disapproval rating** compared to a **58% approval rating** in July 2020.
* 📊 Calls for the removal or resignation of justices and proposals to **expand the Court** have emerged amidst **growing ethical concerns**.
* 📜 Established by the US Constitution, the number of justices can be altered by Congress, although the Judiciary Act of 1869 set it at **nine**.
* 🗳 The nomination process for justices has become **highly polarized**, with past nominees like Stephen Breyer and Ruth Bader Ginsburg receiving **bipartisan support**, contrasting with today's **ideological litmus tests**.
* 📰 High-profile ethical issues, particularly involving justices like **Clarence Thomas and Samuel Alito**, have intensified scrutiny of the Court's **integrity**.
* 📈 Efforts to impose ethical standards on the Court have been proposed, including President Biden's call for **18-year term limits** and a **binding code of conduct for justices**.
* 🚨 Despite these proposals, the likelihood of passing reforms is low, as Republicans view them as a **power grab**, reflecting **deep partisan divides** within Congress.
* 🕵 The ongoing crisis of confidence in the Supreme Court raises questions about the **future of its legitimacy** and the potential for **significant reforms**.

John: The Supreme Court in recent years has suffered not only from low public opinion but a wave of ethical issues that have shattered trust in the body. The right-wing justices on the Supreme Court are completely and totally out of control. John: The most recent Gallup poll, taken in July 2024, showed that the Court had a 52% disapproval rating, while 43% of responders approved. This was a stark contrast with a poll taken in July 2020, which showed that the Court at the time had a 58% approval rating with 38% disapproving. Some have called for the removal or resignation of justices from the court, and some also want to expand the size of the court. But how would these things work? I'm John Dorman, and I'm a senior politics reporter at Business Insider. The Supreme Court was established in the US Constitution. It doesn't specify how many justices can serve,

and that number can be changed by Congress. But the Judiciary Act of 1869 set the number of justices at nine, a chief justice, and eight associate justices. Since then, the nomination process has become more polarized in recent years. Supreme Court nominees like Stephen Breyer, Ruth Bader Ginsburg, and John Roberts were easily confirmed with bipartisan support. The ayes are 78, the nays are 22. The nomination of John G. Roberts Jr. of Maryland to be chief justice of the United States is confirmed. John: But the votes for nominees have now become an ideological litmus test. This division is really a reflection of the partisanship within Congress, which has reached a fever pitch. Lots of senators have also run for president, or are thinking of running, and the Supreme Court has become the perfect institution to exert ideological influence. The Court's 2022 decision to overturn Roe v. Wade

also hardened many feelings about the institution. But it's not just legal decisions that are being questioned by the public in recent years. It's also the personal ethics of justices. The most famous example is Clarence Thomas, who faced heavy criticism after ProPublica in April 2023 published a bombshell report detailing how for years he had taken luxury vacations funded by the billionaire mega-donor Harlan Crow and had not disclosed the trips. Thomas said at the time that he was advised that it wasn't necessary to report this sort of personal hospitality. But he said he'd adhere to the new guidelines set forth by the Judicial Conference of the United States. Before that, Thomas came under intense scrutiny as his wife, conservative activist Ginni Thomas, was involved in the push to overturn Biden's 2020 victory. She was even interviewed by the Jan. 6 committee. Samuel Alito has also been in the spotlight.

The New York Times reported that an upside-down American flag was observed flying outside of Alito's home after the Jan. 6, 2021, riot at the US Capitol. The flag's direction is widely seen as a message of support for Trump's push to overturn the 2020 presidential election. Alito responded by saying that his wife was responsible for the flag's placement, and he rejected the notion that he'd recuse himself from Jan. 6-related cases. Given these developments, the court's standing has fallen in the eyes of many Americans. Despite that, are these justices untouchable, or can they be removed from the court? To impeach a Supreme Court justice, a member of the House would introduce articles of impeachment. But a two-thirds majority would be needed to convict and remove a justice, a virtually unrealistic proposition in today's closely divided Congress. To be clear, no Supreme Court justice has ever been successfully removed. Democrats in Congress are trying to institute

some form of ethics for the Supreme Court. President Biden has even laid out a proposal that would create 18-year term limits for justices, institute a binding code of conduct for justices, and he wants lawmakers to pass a constitutional amendment that would limit presidential immunity. And he's also heavily criticized the overturn of Roe v. Wade and the ruling that essentially ended affirmative action in college admissions. Harris has backed Biden's reforms, saying there is a clear crisis of confidence facing the Supreme Court. And there's another proposal from Oregon Sen. Ron Wyden. He introduced a bill recently in the Senate that would increase the number of justices on the court from nine to 15 over 12 years. It would direct the IRS to audit justices every year. It would also mandate that Supreme Court nominees release three years of tax returns. And it would allow a two-thirds vote among justices for justices to recuse themselves from a case.

But the proposals have little chance of passing, even in the current Democratic-controlled Senate. Republicans who see the conservative majority on the court as the fruit of their decades of labor and prioritizing the Supreme Court see Democratic attempts at reforms as a power grab. Mitch McConnell, the architect of the GOP road map to transform the court, blocked the Merrick Garland pick for most of 2016, which paved the way for Trump to nominate Neil Gorsuch. But Democrats have not forgotten about it, and they're still upset over the move. But at the time, they were powerless to stop it.

Is It Time To Change The Supreme Court And Can It Happen? | Business Insider Explains

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The Supreme Court's Declining Trust and Polarization

The Supreme Court has faced low public opinion and ethical issues, leading to a 52% disapproval rating in July 2024, a stark contrast to its 58% approval in July 2020.

Calls for the removal or resignation of justices and expanding the court's size have emerged, as the number of justices has been set at nine since the Judiciary Act of 1869.

The nomination process for justices has become increasingly polarized, reflecting the growing partisanship within Congress.

Controversies Surrounding Supreme Court Justices

Supreme Court justices have faced increasing public scrutiny for their personal ethics, with Clarence Thomas receiving backlash for undisclosed luxury vacations funded by a billionaire donor.

Samuel Alito also drew attention for an upside-down American flag outside his home after the Jan.

6 riot, leading to questions about his impartiality.

Despite calls for impeachment, the process is unlikely to succeed in the current divided Congress, and no Supreme Court justice has ever been successfully removed.

President Biden has proposed 18-year term limits for justices, a binding code of conduct, and a constitutional amendment to limit presidential immunity.

Vice President Harris supports these reforms, citing a crisis of confidence in the Supreme Court.

Ron Wyden has introduced a bill to increase the number of justices to 15, implement annual IRS audits, mandate tax return disclosures, and allow a two-thirds vote for justices to recuse themselves from cases.

Proposals for reforming the Supreme Court are unlikely to pass in the Democratic-controlled Senate, as Republicans view them as a power grab.

Mitch McConnell's blocking of the Merrick Garland pick in 2016 was pivotal in transforming the court's conservative majority.

Democrats are still resentful of McConnell's actions, but they were powerless to stop them at the time.