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The Supreme Court has adopted a code of ethics. But what does that code imply for the future?
And who will be in charge of enforcing that code? Critics say it doesn’t go far enough.
We’re joined by Sen. Sheldon Whitehouse who introduced legislation that would give such a code enforcement capabilities.
And who will be in charge of enforcing that code? Critics say it doesn’t go far enough.
We’re joined by Sen. Sheldon Whitehouse who introduced legislation that would give such a code enforcement capabilities.
The Supreme Court adopts a code of ethics
Posted from the1a.org
Supreme Court
Ethics
United States Senate
Posted 6 mo ago
Responses: 2
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PO1 William "Chip" Nagel
..."This is true.
The claims are true. There’s no way to enforce the Supreme Court’s new code of conduct.
WHAT WE FOUND
Russell Wheeler, who served as former deputy director of the Federal Judicial Center and now works with the Brookings Institution, and University of Tennessee law professor Benjamin Barton told VERIFY there is no way to enforce the Supreme Court’s new code of conduct.
The code itself also doesn’t specify who would determine if justices violate the rules or a means of enforcement.
Barton, who is an expert on the Supreme Court, said he is “not surprised” there isn’t an enforcement mechanism for the new code of conduct.
“Honestly, [for] an ethics code like this, it would be hard to come up with an enforcement mechanism that would really have much teeth,” Barton said.
The new code of conduct explains that the Supreme Court’s Office of Legal Counsel will “maintain specific guidance tailored to recurring ethics and financial disclosure issues,” and provide annual trainings on these issues to justices and other Court personnel.
But it doesn’t outline any disciplinary action for violations or clarify whether the trainings would be required.
Several Democratic lawmakers, including Senate Majority Leader Chuck Schumer and Rhode Island Sen. Sheldon Whitehouse, also noted in statements the absence of a way to enforce the code.
“The Supreme Court took an important first step to set rules of the road for ethical conduct for Justices. It is long past time for a code of conduct that explicitly applies to the Justices,” Schumer wrote. “However, the lack of any way to enforce the code of conduct should any Justice decide to ignore it is a glaring omission.”
All federal judges, including Supreme Court justices, hold their offices for life. The only way to remove a Supreme Court justice is impeachment by Congress.
It would take a majority vote in the House to impeach a justice, followed by a two-thirds majority in the Senate to convict and remove them from office.
Only one justice – Samuel Chase – was impeached in 1805, but there weren’t enough votes in the Senate to remove him from office."
..."This is true.
The claims are true. There’s no way to enforce the Supreme Court’s new code of conduct.
WHAT WE FOUND
Russell Wheeler, who served as former deputy director of the Federal Judicial Center and now works with the Brookings Institution, and University of Tennessee law professor Benjamin Barton told VERIFY there is no way to enforce the Supreme Court’s new code of conduct.
The code itself also doesn’t specify who would determine if justices violate the rules or a means of enforcement.
Barton, who is an expert on the Supreme Court, said he is “not surprised” there isn’t an enforcement mechanism for the new code of conduct.
“Honestly, [for] an ethics code like this, it would be hard to come up with an enforcement mechanism that would really have much teeth,” Barton said.
The new code of conduct explains that the Supreme Court’s Office of Legal Counsel will “maintain specific guidance tailored to recurring ethics and financial disclosure issues,” and provide annual trainings on these issues to justices and other Court personnel.
But it doesn’t outline any disciplinary action for violations or clarify whether the trainings would be required.
Several Democratic lawmakers, including Senate Majority Leader Chuck Schumer and Rhode Island Sen. Sheldon Whitehouse, also noted in statements the absence of a way to enforce the code.
“The Supreme Court took an important first step to set rules of the road for ethical conduct for Justices. It is long past time for a code of conduct that explicitly applies to the Justices,” Schumer wrote. “However, the lack of any way to enforce the code of conduct should any Justice decide to ignore it is a glaring omission.”
All federal judges, including Supreme Court justices, hold their offices for life. The only way to remove a Supreme Court justice is impeachment by Congress.
It would take a majority vote in the House to impeach a justice, followed by a two-thirds majority in the Senate to convict and remove them from office.
Only one justice – Samuel Chase – was impeached in 1805, but there weren’t enough votes in the Senate to remove him from office."
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The Constitution offers a method of enforcement for bad behavior through impeachment. (bad behavior being any acts against the constitution and the defined powers found in the Constitution). As far as ethics and the rules that each branch of government is subjected to is solely determined by that branch. Congress can not impose ethics or rules over the Executive nor the Judicial. Other than impeachment, no branch has that kind of power over another branch of government.
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