Supreme Court Ethics, Recusal, and Transparency (SCERT) Act

The bill will require justices of the Supreme Court to adopt and follow a code of ethics, places transparency standards on gifts and travel, codifies recusal standards and requires the court to disclose lobbying and dark money interests before it. It now goes to the full House for a floor vote.

"Ours has been described as a government of laws and not of men, and nowhere is that principle more essential than in the fair and even-handed administration of justice," said Rep. Johnson said. "This house is built on the rule of law; its foundation is fairness, transparency, and accountability. Recent events have made it disturbingly clear that without explicit enforceable rules, certain members of the high court are going to keep trying to get away with more and more until they have gotten away with our whole republic. That's why it's more important than ever that Congress acts. The Supreme Court Ethics, Recusal, and Transparency (SCERT) Act is a good start."

"With Americans' trust in the Court at an all-time low, we need to act to restore faith in our judicial system," said Rep. David Cicilline (RI). "This loss of trust didn't happen overnight but has grown out of an increasingly partisan confirmation process that started with Mitch McConnell refusing to give Merrick Garland a hearing a vote, extends to the clear conflict of interest posed by Ginni Thomas's work and advocacy, and includes the recent leaks of the extremist anti-choice draft opinion. This bill is an important first step in restoring trust in our judicial system by imposing the type of ethics standard that should have long ago been in place. I'm proud that this bill includes provisions from my Judicial Travel Accountability Act and look forward to passing this bill when it comes to the House floor."

"We know that the Supreme Court cannot regulate itself. Rogue Supreme Court Justices have eroded public confidence by acting as if they are above the law," said Congressman Mondaire Jones. "We need to restore integrity and public trust in the institution. I'm proud to work with Congressman Johnson to move our legislation forward to create a binding code of ethics that will strengthen recusal requirements and increase transparency on the Court."

The Supreme Court Ethics, Recusal and Transparency Act (H.R. 7647) will:

• Code of conduct: Code of conduct for the Supreme Court.
• Minimum gift/travel/income disclosure rules: Requires the Justices to adhere to—at
• minimum—the same gift/travel/income disclosure standards as Members of Congress.

Recusal reforms aimed at the recent ethics scandals:

• Lobbying on the judge or justice's behalf: Recusal would be required if a party or affiliate lobbied or spent substantial funds to get the justice/judge confirmed.
• Giving the judge or justice income, gifts, or reimbursements: Recusal would be required if the justice/judge or spouse or minor child or a privately held entity under their control received income/gifts/reimbursements from a party or affiliate in the case within 6 years of the judge being assigned to the case.
• Duty to know: Impose a clear duty for the judge/justice to know their and their family's financial interests and interests that could be substantially affected by case before them.
• Duty to notify: Require the judge/justice to inform the parties of any circumstances that could reasonably require recusal.
• Review by other justices and judges: Ensures that the full Court can protect the integrity of its own proceedings by creating a path for full-Court consideration of a recusal motion. For lower courts, ensures that recusal motions can be considered by a randomly selected panel drawn from across the judiciary.
• Public notice: Requires brief explanations of judges' recusal decisions to be posted online.

Disclosure requirements:

• Disclosure of lobbying, gifts, and payments by parties: Requires the Court to issues rules requiring all parties and amici to list any lobbying or substantial expenditures in support of the justice's nomination, confirmation, or appointment; and any gifts, income, or reimbursements made to the justices within two years of the start of the proceeding.

• Dark money amicus disclosure: Requires parties that file amicus briefs to disclose their major sources of funding and authorizes the courts to strike amicus briefs that would require a judge to recuse.

As a senior member of the House Judiciary Committee, Rep. Johnson has been committed to bringing more accountability and transparency to this nation's highest court. The SCERT Act will do just that.