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Justice Elena Kagan has revealed that the U.S. Supreme Court has not yet finalized a solution for enforcing its ethics code. Speaking about possible oversight ideas, including the involvement of respected retired judges, Kagan said the proposal has “pros and cons” and admitted, “so far we have not resolved anything.”

The remarks have reignited debate over Supreme Court ethics rules, judicial accountability, and how the nation’s highest court should handle enforcement of its own standards. Watch the full details on Justice Kagan’s comments and the ongoing SCOTUS ethics debate.

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00:00last year. So a couple of questions from this. Is this a time to make this a requirement instead
00:08of a suggestion? That's my first question. Ranking Member Delora, I would be happy to
00:16address the question about gifts. The court follows the restrictions of the Judicial Conference of
00:22the United States applicable to all judges with respect to gifts, and we are not, there are
00:26restrictions on our ability to accept gifts. We're not permitted to accept gifts with, you know,
00:32some nuances and some exceptions from litigants before the court. And any gifts that we do accept,
00:39this is by statute. There's a statutory limit on reporting that requires reporting of any gift.
00:45I think that the limit is about $500 right now. You would know they would be on our financial
00:50disclosures because we have to disclose that. So with respect to gifts, we do have constraints,
00:55and we do have our in-house counsel. I mean, anytime I have any question about how the code
01:02applies to a particular circumstance, I always call him. Did you want to address enforceability?
01:09You know, on the code of conduct, as you noted, we, the nine justices all agreed to a code of
01:16conduct.
01:17It's specifically geared towards the Supreme Court. As you also noted, there is a question
01:23about enforceability. And right now, the mechanism has no enforceability system. And this is something
01:32on which various people have spoken in the past. And, you know, I've made my views known in the past,
01:39which is that I think we should work hard to try to figure out some enforcement system.
01:45I will say that that's an extremely difficult question for a pretty obvious reason, I think,
01:51which is that I don't think that you would want an enforcement system that was controlled by the
01:57executive branch or by the legislature. And this is because of what you said in your opening statement
02:03about the importance of judicial independence. You know, you don't want a president picking an
02:09inspector general to decide, you know, which of us is breaking the rules or how we're breaking the rules.
02:16So I think it really has to come from within the judiciary. And that's hard because, you know, we sit
02:24at the
02:24top of the judiciary committee. So it's hard to figure out how to have a system that is makes use
02:30of judicial
02:31resources to police us. One idea that has been suggested by some people is to use respected retired
02:39judges. That has, you know, some pros, some cons. I think that this remains an open question, a question of
02:50discussion. But so far, we have not resolved anything.
02:55Okay, and the chair now recognizes the gentle lady from Iowa, Ms. Sinssen.
03:02Good morning.
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