Senate Dems seek to limit Supreme Court funding to force ethics code reform

Senate Democrats want to hold back some Supreme Court funding until the justices create what’s described as a “clear and enforceable” code of ethics. In a letter to the Appropriations Committee, 15 Democrats asked that $10 million in funding be withheld until the justices comply with Congress’ demand. 

“Congress has broad authority to compel the Supreme Court to institute these reforms,” the letter stated. “During recent ‘interbranch disputes’ between Congress and ‘a recalcitrant Executive Branch,’ some courts have encouraged Congress to ‘withhold appropriations,’ which can act as a ‘powerful incentive’ for action within the executive branch. Nothing in the Constitution mandates that the judiciary be treated any differently when Congress is faced with judicial recalcitrance.”

The senators are urging the Appropriations Committee to add a stipulation into the 2024 funding bill that would hold the funds until the justices create a code of ethics with set parameters, including how they will publicly release information about recusals. 

Republicans are accusing Democrats of trying to hold back money the court specifically requested for security. 

“The left is willing to threaten the lives of the justices,” Sen. Ted Cruz, R-Texas, said. “This is disgraceful. Every senator who signed this letter should be embarrassed.”

Democrats contend they have passed bills to enhance security for not just Supreme Court justices but all federal judges. 

“We have an obligation to protect them. And it was Attorney General Merrick Garland, who has provided round the clock security for Supreme Court justices from the U.S. Marshals at their home, which I think is entirely proper,” Sen. Dick Durbin, D-Ill., said. “So there’s no question about the bipartisan commitment to their safety.” 

If the Senate adds the funding stipulation, the House would have to agree to it, likely leading to a negotiation or stalemate. 

Meanwhile, Senate Republicans are accusing Garland of providing misleading testimony to the Judiciary Committee.

In May 2022, dozens of people gathered outside Supreme Court justices’ homes to protest the Dobbs decision, which had just been leaked to the press. Garland told the committee that the U.S. Marshals who were sent to protect the justices’ families had the full authority to arrest people under any federal statute. 

But Sen. Katie Britt, R-Ala., publicized training slides shown to the marshals as a briefing before the detail began. The slides told marshals to avoid making arrests unless “absolutely necessary,” and to coordinate any arrest with the U.S. Attorney’s Office ahead of time. 

Attorney General Garland and Deputy Attorney General Lisa Monaco have been asked previously if they wants to amend their testimony on the matter but declined.