On Nov. 13, 2023, the Supreme Court adopted a Code of Conduct for justices of the U.S. Supreme Court. It did so in the wake of revelations of lavish gifts to Justice Clarence Thomas by wealthy conservatives over two decades. A small group of conservative billionaires enabled Thomas to enjoy a lifestyle that he could not otherwise afford and which he failed to disclose.

The chief justice insisted that the court is not bound by the existing Code of Conduct for U.S. judges or by other statutes and rules applicable to lower federal judges, so whether the gifts and the failure to disclose them violated anything other than unenforceable norms is said to be unclear. The court’s announcement of the new Code of Conduct was a concession to criticism by lawmakers and others, although it contained no process for sanctioning violators. It has no relevance, however, to whether Thomas’ failure to disclose the gifts and the donors violated the law.