For decades, Supreme Court justices have dodged questions related to conflicts of interest by saying essentially “Trust us” or “We’re different.” They’ve refused to be bound by an official ethics code and grievance procedures that cover other federal judges.
But mounting public pressure may finally spur changes. Court sources have told CNN that internal discussions, which date back at least to 2019, have been revived. The timing of any public resolution is uncertain, however, and it appears some justices have been more hopeful than others about reaching consensus.
This week, in an action that demonstrates the intensifying national concern over the justices’ behavior, the American Bar Association’s House of Delegates approved a resolution urging the high court to adopt a binding code of ethics “comparable” to the code in place for lower-court US judges.
Unlike liberal groups that have been pounding on the justices to establish ethics rules, neither the ABA nor its policy-making House of Delegates is known for criticizing the high court. The 591-member House of Delegates is more associated with establishment positions than flamethrowing advocacy.
The current accelerated scrutiny of the justices’ extracurricular behavior arises against a backdrop of rulings that have broken norms. The conservative majority has been more willing than prior courts to jettison decades of precedent, most startlingly in last June’s decision reversing the 1973 Roe v. Wade abortion rights landmark. More recently, the court’s stature has been undermined by the early leak of the Dobbs opinion that overturned Roe and other security lapses.
Together, the substance of cases and refusal to address ethics issues evoke an unaccountable court that will rule as it wishes and act as it wants, without regard for public concern.
New York University…
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