Over the past year, the Supreme Court has been rocked with allegations of improper conduct, partisan influence, and corruption. Justices Thomas and Alito have made headlines for taking massive gifts and trips worth millions of dollars from individuals with strong partisan views of how the country should look, without disclosing said gifts or recusing themselves from cases that may implicate the donors. New information surfaced about the Justices’ political beliefs, raising concerns that they may be unable to be impartial while hearing highly contentious cases involving political actors. 

Amidst this controversy, the Supreme Court has been deciding cases in which former and current President Donald Trump is embroiled. These cases had ramifications for the 2024 election, particularly an immunity decision delaying prosecution of Trump until after the election. However, these cases are just the latest in a line of decisions over the past 20 years that have shaped the most recent presidential election and our democracy. 

This note will argue that the juxtaposition of the Supreme Court scandals and the election could create the appearance of impropriety, violating Canon 2 of the code of conduct the justices imposed upon themselves. Part I will examine the recent history of Supreme Court election jurisprudence, noting the influence of partisanship and the consequences for the 2024 election. Part II will discuss the ethics violations of the current members of the Supreme Court and the impact of perceived improprieties on the Court’s legitimacy following the election. Finally, Part III will analyze solutions that have been proposed to deal the ethics and legitimacy challenges facing the Supreme Court, with an eye to what will best protect U.S. democracy.

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