The Word is Humility : Why the Supreme Court Needed to Adopt a Code of Judicial Ethics

The Supreme Court is one of our most precious institutions. However, for the last few years, American confidence in the Court has dropped to a new low. Less than 40% of Americans have confidence in the Court and its decisions. Recent revelations regarding luxury trips, gifts, and exclusive access for certain individuals to the Justices have raised questions about whether the Justices understand their basic ethical duties and can act in a fair and impartial manner. As commentators have noted, the Supreme Court stood as the only court in America that was not governed by an ethical code. The question is why and whether that needed to change? Although there are many reasons for the Court to have adopted an ethical code, one stands out as particularly important—the need for judicial humility. Since ancient times, humility has been a basic quality for judges. It helps ensure that judges understand the need to act fairly and to be perceived as acting impartially. This Article discusses the need for an enforceable ethical code. Despite the fact that the Supreme Court recently adopted what it labeled a “Code of Conduct for Justices of the Supreme Court of the United States,” this code is more an outline of aspirational standards than an actual code of conduct. The so-called “code” lacks an enforcement mechanism. Thus, while it may be modeled on the Code of Conduct for United States Judges, without an enforcement mechanism, it is—at best—a recognition by the Court that it, too, should meet certain minimum ethical standards