Supreme Court Justice Sonia Sotomayor's use of taxpayer-funded court staff to promote her book ventures, which have earned her millions of dollars in extra income, has raised ethical concerns within the Supreme Court, according to the Associated Press.
While other justices have also earned additional income through their own literary deals, Sotomayor's promotional efforts have been more extensive, risking damage to the high court's public standing.
Former federal appeals court judge J. Michael Luttig, appointed by President George W. Bush, expressed his belief that Supreme Court justices should not write books to supplement their judicial incomes. He argued that the potential for promoting individual justices over the Court at the expense of the institution's reputation is unavoidable.
Documents obtained by the Associated Press reveal instances of taxpayer funds being used to organize speaking events for Sotomayor to promote her books, mainly at colleges and universities. Since joining the court in 2009, her memoir and children's books have earned her over $3.7 million.
However, without a formal code of conduct within the Supreme Court, holding justices accountable for such actions is challenging, as they enforce their own rules. This has led critics to question the ethical standards of the high court.
Kedric Payne, a former deputy chief counsel at the Office of Congressional Ethics and current general counsel for the Campaign Legal Center, emphasized the importance of ethics laws that protect taxpayer dollars from misuse. He highlighted the problem at the Supreme Court, where there is no one to determine whether such actions are wrong.
Sotomayor's publisher, Penguin Random House, has been known to pressure public institutions to commit to purchasing a certain number of copies of her books or require event attendees to buy books before obtaining a ticket. The Associated Press reported that Sotomayor did not recuse herself when her publisher appeared before the high court for several matters.
The Supreme Court released a statement acknowledging the oversight and stating that Sotomayor would have recused herself in cases involving Penguin Random House due to her close relationship with the publisher. The court also mentioned that changes have been made to chambers' conflict check procedures.
A person close to Sotomayor insisted that the justice has not and will not profit from sales of her memoir beyond the $3.1 million advance. They explained that additional purchases of hundreds of thousands of books would be required to generate further profit. However, Sotomayor has earned at least $400,000 in royalties since 2019 from her children's literature sales, including her second best-selling book, "Just Ask!"
Similar arrangements have benefited other justices, but the disclosure of lump sum payments at the end of the year makes it difficult to determine the exact amount of money they have made from specific institutions or occasions.
While Democrats have criticized Justice Clarence Thomas for alleged ethics violations related to luxury travel, gifts, and a real estate deal involving a GOP megadonor, other justices, including Stephen Breyer, Neil Gorsuch, Amy Coney Barrett, and Ketanji Brown Jackson, have also earned significant income from book deals, advances, or royalties.
The issue of justices using taxpayer-funded resources to promote their personal ventures raises questions about the ethical standards and accountability within the Supreme Court. With no formal code of conduct in place, critics argue that there needs to be a mechanism to ensure transparency and prevent the misuse of taxpayer dollars.
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