Posted on May 2, 2023
Dueling narratives at the Senate hearing on the Supreme Court
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Posted 12 mo ago
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PO1 William "Chip" Nagel good day Brother William, always informational and of the most interesting. Thanks for sharing, have a blessed day!
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PO1 William "Chip" Nagel
..."Some, like Michael Mukasey, a former federal judge who served briefly as attorney general in the George W. Bush administration, basically said Congress is powerless to act, but others disagreed. University of Virginia law professor Amanda Frost, who specializes in constitutional law and judicial ethics, distinguished between Congress' power to write laws for the administration and operation of the Supreme Court, including a code of ethics, and its lack of power to interfere in the court's judicial decision-making.
Frost repeatedly invoked the views of the Founders in legislating on this subject.
"For over 230 years, and for as long as the Supreme Court has existed, Congress has regulated vital aspects of its operation, including its ethical obligations," she said.
Jeremy Fogel, a former federal judge who served as chairman of the financial disclosure committee of the U.S. Judicial Conference was quietly emphatic about the need for the court itself to have some internal mechanism for checking ethical obligations.
Under the current system, he said, ethical questions are "kind of a black box."
The justices "have a lot of sources and rules that they follow," he said, "but no one really knows what they are."
..."Some, like Michael Mukasey, a former federal judge who served briefly as attorney general in the George W. Bush administration, basically said Congress is powerless to act, but others disagreed. University of Virginia law professor Amanda Frost, who specializes in constitutional law and judicial ethics, distinguished between Congress' power to write laws for the administration and operation of the Supreme Court, including a code of ethics, and its lack of power to interfere in the court's judicial decision-making.
Frost repeatedly invoked the views of the Founders in legislating on this subject.
"For over 230 years, and for as long as the Supreme Court has existed, Congress has regulated vital aspects of its operation, including its ethical obligations," she said.
Jeremy Fogel, a former federal judge who served as chairman of the financial disclosure committee of the U.S. Judicial Conference was quietly emphatic about the need for the court itself to have some internal mechanism for checking ethical obligations.
Under the current system, he said, ethical questions are "kind of a black box."
The justices "have a lot of sources and rules that they follow," he said, "but no one really knows what they are."
(5)
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