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58 Conn. L. Rev. 1 (2025-2026)

handle is hein.journals/conlr58 and id is 1 raw text is: 











  CONNECTICUT

LAW REVIEW


VOLUME   58                  DECEMBER   2025                  NUMBER 1




                                 Essay


             Judicial   Ethics,   the  Supreme Court,
                       and   the Rule   of  Law


                       CHARLES   GARDNER GEYH

    This Essay begins with a short history ofjudicial ethics regulation in the
 United States, ending with the adoption of codes of conduct by every state and
federal judicial system except the Supreme Court of the United States. It then turns
to a series of ethics controversies encircling the Supreme Court and its justices,
which culmainated in the Supreme Court adopting a Code of Conduct in 2023.
Tapping into the social science literature, it argues that for codes to improve the
ethical climate of an institution they must encourage psychological ownership of
and  buy-in to a code by those subject to its terms, which the Suprme Court of
The United States Code has failed to do, as evidenced by the Court's resistance to
adopting a Code and its efforts to dilute Code obligations. The Essay then
proposes several reforms that the Court could implement over time, in a business
as usual,  world to better acclimate itself to the code culture that other judicial
systems have embraced. It concludes, however, by arguing that beginning in
2025, the second Trump administration has stress-tested the rule of law in ways
that have forced the Supreme Court into confrontations with the President that
threaten the Court's legitimacy in unprecedented ways and add urgency to the
need for the Court to ensure that its ethics are above reproach.