Posted on Mar 9, 2023
Outside groups take a first stab at a Supreme Court ethics code
289
23
2
11
11
0
Posted 1 y ago
Responses: 2
PO1 William "Chip" Nagel
..."The court isn't bound by a code of ethics
Gillers says he believes that the only reason the court has not actually been able to come up with a code of conduct for itself is that the justices "don't want to be pushed around. They don't want the clamor." Gillers' "read" is that the justices think it will "look weak. It will look like they are giving up their independence." But, he observes, "Every judge in America is governed by ethics rules. Except nine. And guess who they are?"
University of Virginia law professor Amanda Frost says the pressure on the court is bound increase. While she thinks that Congress could write an ethics code for the court, it would be far better for the justices to do it themselves. In fact, Sen. Sheldon Whitehouse, D-R.I., has proposed requiring the court to write its own ethics code, and to set a deadline.
It is unlikely that the court will do that until it reaches some sort of consensus among the nine. As professor Gillers observes, supposing three justices refuse to sign on to a new code, it would be worthless because there would be no internal pressure to comply. And peer pressure is really the only enforcement mechanism that might work."
..."The court isn't bound by a code of ethics
Gillers says he believes that the only reason the court has not actually been able to come up with a code of conduct for itself is that the justices "don't want to be pushed around. They don't want the clamor." Gillers' "read" is that the justices think it will "look weak. It will look like they are giving up their independence." But, he observes, "Every judge in America is governed by ethics rules. Except nine. And guess who they are?"
University of Virginia law professor Amanda Frost says the pressure on the court is bound increase. While she thinks that Congress could write an ethics code for the court, it would be far better for the justices to do it themselves. In fact, Sen. Sheldon Whitehouse, D-R.I., has proposed requiring the court to write its own ethics code, and to set a deadline.
It is unlikely that the court will do that until it reaches some sort of consensus among the nine. As professor Gillers observes, supposing three justices refuse to sign on to a new code, it would be worthless because there would be no internal pressure to comply. And peer pressure is really the only enforcement mechanism that might work."
(7)
(0)
PO1 William "Chip" Nagel good day Brother William, always informational and of the most interesting. Thanks for sharing, have a blessed day!
(5)
(0)
Read This Next