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Sen. Kennedy Explains Why Dems' New SCOTUS Ethics Bill Is 'Not About Ethics'

Spencer Brown
Spencer Brown  |  July 24, 2023 5:30 PM

As Senate Democrats led by Sheldon Whitehouse (D-RI) seek to enforce a new code of "ethics" on the Supreme Court of the United States — despite the fact that the highest Court in the land already polices itself and makes disclosures on gifts and other activities — Senator John Kennedy isn't buying Democrats' feigned concern over ethical standards. 

Joining Neil Cavuto on Fox News Channel Monday afternoon, Sen. Kennedy explained that he believes Senator Whitehouse's legislation is "unconstitutional" and other reasons why he chose to vote against sending the measure from the Judiciary Committee to the full Senate. 

"I just believe that, under the separation of powers doctrine, Congress can't regulate the internal affairs of the Court," Kennedy said. "And I also believe, Neil, that — how can I put this — sometimes Congress is like high school, except no one graduates," the Louisiana Republican quipped. 

"There are members of Congress that, if you do something they don't like, they will try to hurt you," Kennedy explained. "And I'm not saying this is true of all of my colleagues, but I believe that — for many of my colleagues — this legislation is not about ethics. It's about the Dobbs case and abortion, and Biden v. Nebraska and student debt, and it's about no racial quotas in admissions," he continued, tracing some of the Supreme Court's recent decisions that showed its return to originalism and away from judicial activism.  

"I think that some of my colleagues are angry at the Supreme Court and they want to hurt this Court, that's why if they could they would expand the court," said Kennedy. "They can't do that, so instead they're going to try to destroy it from within, that's my opinion."

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Speaking to an existing set of rules justices abide by, Kennedy said "I've read the code of conduct and I think it's a good code of conduct, and you're supposed to disclose an expensive trip. Sometimes justices haven't done that, [but] when it's been called to their attention, they have filed amended disclosures," continued Kennedy, referring to examples where justices — from all ideological stripes — have added previously excluded gifts or trips to their disclosures.

"We're supposed to disclose that sort of thing as members of Congress," Kennedy reminded. "I do it, but if I forget something — as I have a number of times — I file an amended disclosure report, that happens all the time," he noted.

"But if you're asking me, do I think there are members of the United States Supreme Court who are bought, or who could be bought, with a vacation, the short answer is 'no,'" said Kennedy, "and the long answer is 'hell, no' — in my opinion."

At a press conference held earlier this month to discuss Democrats' radical attempts to undermine the Supreme Court, Sen. Kennedy said Democrats' ethics bill "is dead as fried chicken."