The Senate voted to advance to the plenary session the Supreme Court Ethics, Challenges and Transparency Act (SCERT) which would make several changes related to the ethical standards, financial disclosure requirements and recusal requirements that apply to the Supreme Court Justices (SCOTUS). The legislation has the support of the Democrats and the opposition of the Republicans, who have already predicted that it does not have much chance of becoming law.

The Senate Judiciary Committee voted 11-10 for the bill to reach the full Senate, where a fierce partisan debate is expected. The main author of the text is Sheldon Whitehouse (D-RI), who already has 26 co-sponsors, all of them Democrats.

What would SCERT do?

Specifically, the legislation would adopt a code of conduct for Supreme Court justices through new procedures for receiving and investigating allegations of judicial misconduct. In addition, it would adopt rules regulating gifts, travel and income received by both judges and court clerks, at least at the same level as those governing the Senate and the House of Representatives.

Perhaps one of the most sensitive and divisive issues is the expansion of the circumstances under which a judge may be recused from office.

To deter its effects, Republicans on the Judiciary Committee introduced 61 amendments, but twelve were eventually voted on.

"This issue is as dead as fried chicken in the Senate"

The legislation received much criticism from GOP lawmakers. Without going any further, Lindsey Graham (R-SC), a ranking member on the panel, claimed that the panel seeks to destroy the Supreme Court in response to the string of Republican judges appointed by Donald Trump. "What he is trying to do is not to improve the court, but to destroy it as it exists," he sentenced.

John Kennedy (R-LA) expressed himself along the same lines. True to his witty and theatrical style, he predicted that the law could not be approved: "The law will not be passed. They do not have the votes. This is as dead as fried chicken in the Senate."

"This legislation is destined to be a court killing machine. I would allow any tinfoil-hatted madman in America whose own dog thinks he is completely insane to file a motion to recuse a U.S. Supreme Court justice," added the Republican who won re-election in the 2022 election.

Democrats leverage lack of confidence in the court

On the other side of the aisle, Democratic senators defended the Whitehouse Bill. One of them was Dick Durbin (D-IL), who recalled that 11 years ago, he unsuccessfully recommended to John Roberts (Chief Justice of the highest court) to adopt a permanent code of conduct.

"Unfortunately, he did not accept my suggestion. Since then, as more and more stories of ethical misconduct by judges have emerged, the American people's confidence in the Supreme Court has fallen to historic lows," he said in justifying the legislation.

"Some have suggested that Democrats are pursuing Supreme Court ethics reform to attack the court's current right-wing majority. Nothing could be further from the truth. The reforms we propose would apply equally to all judges," he added about Graham's statements.