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As the summer of 2023 ended, the justices of the U.S. Supreme Court began trading even-more-confidential-than-usual memos, avoiding their standard email list and instead passing paper documents in envelopes to each chambers. Faced with ethics controversies and a plunge in public trust, they were debating rules for their own conduct, according to people familiar with the process.
Weeks later, as a united front, they announced the results: the court’s first-ever ethics code. “It’s remarkable that we were able to agree unanimously,” Justice Neil M. Gorsuch said in a television interview this year.
But a New York Times examination found that behind the scenes, the court had divided over whether the justices’ new rules could — or should — ever be enforced.
Justice Gorsuch was especially vocal in opposing any enforcement mechanism beyond voluntary compliance, arguing that additional measures could undermine the court. The justices’ strength was their independence, he said, and he vowed to have no part in diminishing it.
In the private exchanges, Justice Clarence Thomas, whose decision not to disclose decades of gifts and luxury vacations from wealthy benefactors had sparked the ethics controversy, and Justice Samuel A. Alito Jr. wrote off the court’s critics as politically motivated and unappeasable.
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