Bills of Congress May 20, 2025 by U.S. Congress

H.R.3513 - Supreme Court Ethics, Recusal, and Transparency Act of 2025 (119th Congress)

Summary

H.R.3513, the Supreme Court Ethics, Recusal, and Transparency Act of 2025, aims to establish a code of conduct for Supreme Court justices, enhance transparency regarding gifts and disclosures, and modify recusal standards. The bill mandates the Supreme Court to create a code of conduct and establishes procedures for handling complaints against justices. It also sets minimum standards for gift disclosure and modifies circumstances requiring disqualification, including those related to lobbying and financial interests.

Expected Effects

The bill's enactment would likely lead to increased accountability and public trust in the Supreme Court. It would also provide a mechanism for addressing ethical concerns and potential conflicts of interest. The new rules on recusal could change the composition of justices hearing certain cases.

Potential Benefits 4/5

* Increased transparency in the Supreme Court's operations.
* Establishment of a formal code of conduct for justices.
* A clear process for filing and investigating complaints against justices.
* Stricter rules regarding gifts, income, and reimbursements received by justices.
* Enhanced recusal standards to address potential conflicts of interest.

Most Benefited Areas:

Justice System Fairness & Rule of Law ★ ★ ★ ★ ★

Individual Liberties, Rights & Privacy ★ ★ ★ ★ ★

International Standing & Cooperation ★ ★ ★ ★ ★

Potential Disadvantages

* Potential for politically motivated or frivolous complaints against justices.
* Possible challenges to the constitutionality of Congress regulating the Supreme Court's ethics.
* Increased administrative burden on the Supreme Court and related judicial bodies.
* Risk of creating a chilling effect on justices' interactions with the public.
* Potential for delays in court proceedings due to increased recusal motions.

Constitutional Alignment 3/5

The bill's constitutionality is debatable, particularly concerning the separation of powers. Article III of the Constitution vests judicial power in the Supreme Court, and some argue that Congress's attempt to regulate the Court's ethics infringes upon this power. However, Congress has the power to regulate the judiciary through legislation, such as setting rules for recusal and disclosure, as long as these regulations do not unduly interfere with the Court's judicial functions. The necessary and proper clause (Article I, Section 8) could be invoked to justify the law as necessary for the functioning of the judicial branch.