Last week, Supreme Court Justice Clarence Thomas finally came clean about taking vacations paid for by Republican megadonor Harlan Crow, putting an end to a months-long drama.
Because of this episode, it has become clear that the US Supreme Court lacks a formal ethical code, in contrast to the other federal courts and the executive and legislative departments.
Most Americans agree that the Supreme Court should not make an exception here. They also think the justices on the court are, at most, mediocre when it comes to honesty and ethics.
Look at the results of the July survey from the Marquette University Law School. Only 32% of Americans thought the Supreme Court justices were honest and ethical, while 35% thought they were dishonest and 33% thought they were average.
These findings are consistent with a poll conducted by Marquette University in May.
From a long-term perspective, a rate of 32% is low. In the 1970s and 1980s, roughly half of Americans thought the Supreme Court justices had excellent or good moral and ethical standards. On average, just approximately 15% of people reported being poor.
Given the conservative majority on the court, it is not unexpected that Republicans are more likely than Democrats to believe (about 55%) that the judges have high honesty and ethical standards.
When it comes to the question of whether or not the Supreme Court should have an official ethics code, however, there is no discernible partisan divide.
If the Supreme Court should have a formal code of ethics like other federal courts, according to a poll done by the University of Massachusetts Amherst a few months ago (when Thomas’ visits paid by Crow first came to light).
Ninety percent or so of Americans thought it should. About 10% of people believed it shouldn’t, though.
Consider that 10% is roughly the same as the percentage of Americans who think NASA faked the moon landing or that the Earth is flat, and you’ll get an idea of how small that number really is.
Over eighty percent of all respondents to the UMass study agreed that the Supreme Court ought to have a codified ethics code. 96% of Democrats and 84% of Republicans fall into this category.
Fewer and fewer Americans have a positive impression of the Supreme Court, and fewer still support a written ethics rule for the justices.
According to Gallup, 40% of Americans favour of the court, the lowest percentage this century; 56% disapprove.
A record low 25% of Americans say they have a “great deal” or “quite a lot” of faith in the judicial system.
These dismal ratings follow a string of controversial decisions made by the Supreme Court in recent years, including the overturning of Roe v. Wade.
According to a poll conducted this year by the Pew Research Centre, forty percent of Americans feel the court has too much authority. According to SSRS data, only 21% felt this way four years ago.
Thomas’s already low standing in the public’s eyes is further damaged by the ethical conundrum he created for himself.
It’s one thing for the general public to think the court is just doing its job, even if it disagrees with its decision. A public disagreement with the court and a suspicion that its justices lack integrity is something else entirely.
The public’s impression of Thomas may be suffering as a result of the allegations of unethical behaviour. In a Gallup poll this summer, he received his lowest favourable rating (39%) and most unfavourable rating (42%). This is the first time Gallup has polled about Thomas and found him to have a negative net favorability rating.
Chief Justice John Roberts continues to enjoy roughly the same level of support as he had when he first joined the court.
Some could say it stands to reason that public opinion of the court (and its members’ honesty) would fall along with public opinion of the government as a whole.
Despite the court’s best efforts to portray itself as above partisanship, recent polling indicates that the public does not share this view.
They view the court as becoming more political and as a result, they rate it below average.