In a carefully worded, but blunt statement, conservative former federal judge J. Michael Luttig sent a warning shot to the Supreme Court, calling on the Court to enact a code of conduct that would “subject itself to the highest professional and ethical standards that would render the Court beyond reproach.”
If the Supreme Court does not take such action, he cautioned, Congress has “the power under the Constitution” to prescribe ethical standards of conduct for the court.
The statement is part of written testimony Luttig – a former judge on the US 4th Circuit Court of Appeals – has submitted to the Senate Judiciary Committee holding hearings Tuesday and follows weeks of ethical controversies involving the Supreme Court. Luttig’s public admonition is especially notable because of his conservative credentials and his longstanding, close ties with the Supreme Court.
In 1991, Luttig was part of the team that prepared Justice Clarence Thomas for his controversial Senate confirmation hearings. Before that, he clerked for then-Chief Justice Warren Burger, as well as for former Supreme Court Justice Antonin Scalia when he sat on the US Court of Appeals for the DC Circuit. Luttig additionally was known as one of the top “feeder judges” on the court of appeals, sending 45 of his 47 clerks to clerk for justices on the Supreme Court.
The Senate Judiciary Committee is also receiving written testimony from Harvard professor and Supreme Court litigator Lawrence Tribe, a legal luminary on the left. Together, the letters present viewpoints from the legal left and right that Congress does have the power to enact Supreme Court ethics reform. They add to the cacophony of voices from across the legal profession that are speaking out in response to what is seen as a growing legitimacy crisis at the Supreme Court. Thus far, Republican lawmakers are mostly opposed to stepping…
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