Ketanji Brown Jackson says she's open to an 'enforceable' Supreme Court code of ethics

Supreme Court Justice Ketanji Brown Jackson said in a new interview she would consider supporting an “enforceable” mechanism of the Supreme Court’s code of ethics.

CBS’s Norah O’Donnell asked Jackson in an interview that aired on “CBS News Sunday Morning” about whether she sees a problem with President Biden backing a binding code for the justices that would enforce gift disclosures and refusals. This comes as other justices on the bench have faced scrutiny over a failure to disclose luxury gifts and trips.

“So, you know, a binding code of ethics is pretty standard for judges. And so I guess the question is, 'Is the Supreme Court any different?’ And I guess I have not seen a persuasive reason as to why the court is different than the other courts,” Jackson replied.

When O’Donnell pressed Jackson further on whether she would support an “enforcement mechanism” for the justices, Jackson indicated she would.

“I am considering supporting it as a general matter. I'm not gonna get into commenting on particular policy proposals.  But from my perspective, I don't have any problem with an enforceable code,” Jackson said.

Her comments follow Justice Elena Kagan’s call last month to create a way to enforce the Supreme Court’s code of ethics. Kagan said at an annual judicial conference held by the 9th Circuit last month that it would make sense to have a system to enforce the code, The Associated Press reported.

“Both in terms of enforcing the rules against people who have violated them but also in protecting people who haven’t violated them — I think a system like that would make sense,” Kagan said, according to the AP.

The Supreme Court adopted a code of ethics last year after some of its justices faced scrutiny over its standards when it came to undisclosed gifts and trips. However, the code of conduct does not include any enforcement mechanism.

Biden unveiled a three-pronged proposal for the Supreme Court in July, including implementing Supreme Court term limits, a binding code of ethics and a constitutional amendment to counteract the justices’ recent presidential immunity decision. While his push echoes other Democrats who have called for reforms to the highest court, it faces an uphill battle.

The Associated Press contributed.