Tuesday, November 14, 2023

The Supreme Court Needs a Real Code of Conduct, With Teeth


In a move that can only be described as a slap on the wrist, the Supreme Court has finally adopted a code of conduct after facing mounting pressure over ethics lapses. However, this supposed 'code of conduct' is nothing more than a toothless tiger, as it is left to the justices themselves to enforce it.


For years, the Supreme Court has operated in a veil of secrecy, refusing to adhere to the same ethical standards as other federal judges. This lack of transparency has allowed justices like Clarence Thomas and Samuel Alito to engage in questionable behavior, including accepting undisclosed gifts and vacations from wealthy donors.


The new code of conduct does little to address these concerns. It contains vague and unenforceable provisions, and it lacks any mechanism for independent oversight. In short, it is a hollow gesture that does nothing to restore public trust in the Supreme Court.


The justices' decision to self-police is a recipe for disaster. They have repeatedly demonstrated a willingness to bend the rules to their advantage, and there is no reason to believe that they will suddenly start acting in the best interests of the American people.


The Supreme Court needs a real code of conduct, with teeth. It needs an independent ethics commission to investigate allegations of misconduct and enforce the rules. It needs public disclosure of all gifts and travel.


Until these reforms are in place, the Supreme Court will continue to be a symbol of corruption and cronyism. The American people deserve better.


Here's a suggested outline for a stronger code of conduct for Supreme Court justices, with more teeth and stricter enforcement mechanisms:


I. General Principles


Upholding the Integrity of the Judiciary: Justices shall uphold the integrity and independence of the judiciary by avoiding impropriety and the appearance of impropriety in all activities.


Maintaining Impartiality: Justices shall maintain impartiality in all proceedings and avoid any conflicts of interest, real or perceived.


Public Disclosure: Justices shall disclose all gifts, travel, and other financial interests that may create a conflict of interest.


Recusal: Justices shall recuse themselves from any proceeding in which their impartiality might reasonably be questioned.


II. Enforcement Mechanisms


Ethics Commission: An independent ethics commission shall be established to investigate allegations of misconduct and enforce the code of conduct.


Investigations: The ethics commission shall have the authority to initiate and conduct investigations into allegations of misconduct, including subpoenaing witnesses and documents.


Adjudication: The ethics commission shall have the authority to adjudicate allegations of misconduct and impose sanctions, including censure, removal from office, or referral to criminal authorities.


Public Reporting: The ethics commission shall publish an annual report summarizing its activities and any actions taken against justices.


III. Specific Provisions


Gifts and Travel: Justices shall not accept gifts or travel from parties involved in cases before the Supreme Court.


Disclosure Requirements: Justices shall disclose all gifts valued at over $100 and all travel expenses paid for by others.


Recusal Standards: Justices shall recuse themselves from any proceeding in which they have a financial interest, a personal relationship with a party, or a prior involvement in the case.


Public Reporting: Justices shall publish an annual financial disclosure statement.


IV. Transparency


Ethics Commission Meetings: All meetings of the ethics commission shall be open to the public.


Ethics Commission Reports: All reports of the ethics commission shall be made public.


Public Disclosure of Recusal Decisions: Justices shall publicly disclose their reasons for recusal in any proceeding.


V. Accountability


Congressional Oversight: The ethics commission shall be subject to oversight by Congress.


Judicial Review: Decisions of the ethics commission may be appealed to the Supreme Court.

: Justices may be removed from office by impeachment for violation of the code of conduct.


This proposed code of conduct, with its emphasis on transparency, accountability, and independent oversight, would go a long way in restoring public trust in the Supreme Court and ensuring that the justices uphold the highest ethical standards.


Unlikely Buddha 2023


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