Senate Democrats are preparing to push Supreme Court ethics legislation to the full chamber, and despite its low chances of being passed into law, they are looking to send a message with a full vote.
Sen. Richard Blumenthal (D-CT) told Politico that a full vote would hold those who disagree with the legislation, which would impose more ethical standards on the high court, "accountable" for their positions.
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“The American people deserve to have all members of the judiciary … accountable to some kind of ethical standards,” Blumenthal said. “And anybody who disagrees with that proposition should be held accountable.”
With the Supreme Court typically seen as a "dark horse" matter for voters in elections, Democrats are looking to put Republicans on the record for the ethics legislation. In the 2024 Senate elections, Democrats will be on defense in multiple vulnerable seats whereas Republicans will be on offense in nearly every competitive race.
The legislation is highly unlikely to get past the 60-vote threshold to defeat a filibuster, with nine Republicans needing to flip to move the bill to the Republican-controlled House of Representatives, in which the bill is almost certain not to get brought up for a vote.
"This bill is dead as fried chicken," Sen. John Kennedy (R-LA) said at a press conference earlier this week.
"It's going to get out of committee. It doesn't have 60 votes in the Senate. And it sure can't pass the House. So why do it? Why beat the living crap out of the United States Supreme Court? I just don't get it. I understand politics, but I just don't get it."
The bill, which would set new requirements for financial disclosures and recusal in cases in which a justice may have a conflicting interest, was cleared by the Senate Judiciary Committee 11-10, on party lines, with Republicans opposing the legislation.
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The legislation, introduced by Sen. Sheldon Whitehouse (D-RI), comes after multiple reports on Justices Samuel Alito, Sonia Sotomayor, and Clarence Thomas about alleged unethical behavior. Since the initial report about Thomas in April, the Supreme Court has been under increased scrutiny for its ethics and disclosure standards
Chief Justice John Roberts has defended the high court amid questions surrounding its ethics, telling the American Law Institute’s annual dinner in May that it is "committed to making certain that we as a court adhere to the highest standards of conduct."