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Opinion
Timothy L. O'Brien

Supreme Court’s Ethics Problems Are Bigger Than Coney Barrett

As conflicts of interest accumulate, the justices need to embrace more stringent standards of conduct.

A $2 million book deal is something to smile about.

A $2 million book deal is something to smile about.

Photographer: Anna Moneymaker - Pool/Getty Images

A lot of hand-wringing has accompanied Supreme Court Justice Amy Coney Barrett’s $2 million book deal (including from those of us who wish we had a $2 million book deal). While there’s always reason to worry when big piles of money land on the court, and Coney Barrett has wasted little time monetizing her new job, some larger points are getting lost in all of this.

After all, Coney Barrett isn’t the first justice to reel in a big book deal. Justice Sonia Sotomayor collected an advance of more than $3 million for her memoir, and Justice Clarence Thomas got $1.5 million for his. Justice Neil Gorsuch was paid $225,000 for a book about the Constitution. Here’s the rub: Federal ethics guidelines mandate that justices can’t accept more than about $30,000 annually in outside pay. However, book income — which can reliably bring in much larger sums than the relatively modest pay justices receive for teaching gigs — is exempt from the guidelines.