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The Supreme Court's path to issuing an ethics code and the fine print
The Supreme Court’s path to issuing an ethics code and the fine print
By Ann E. Marimow and Robert Barnes
November 14, 2023 at 7:11 p.m. EST
Before welcoming four Supreme Court justices to its glittery national convention gala in Washington, D.C., last week, the conservative legal incubator the Federalist Society held a panel discussion about whether the justices should adopt a code of ethics. ... The answer from conservatives on the panel was a resounding, “No.” Any such code would just be “weaponized” against the justices on the right, said Jay Mitchell, an associate justice on the Alabama Supreme Court who has sent three clerks to work for Justice Clarence Thomas.
But the justices at the gala headlined by Justice Amy Coney Barrett were already negotiating with their colleagues a “code of conduct” specific to members of the Supreme Court. Conservative cover was not going to be enough to offset mounting criticism of the court and public pressure to bind the high court to the same kinds of ethical obligations that lower court judges follow.
It’s unclear if the document issued by the Supreme Court on Monday, both historic and underwhelming, imposes those kinds of restraints. Even Chief Justice John G. Roberts Jr. said its “rules and principles are not new” and have no means of enforcement. Specificity seems to have given way to a quest for unanimity.
The code contains broadly worded sections relating to outside relationships, recusal from cases that could bring financial gain to family members, the use of a justice’s staff and limits on appearances at fundraisers for groups. ... But there’s every sign that each word was carefully chosen. The code comes more than four years after Justice Elena Kagan told Congress the court was working on it, six months after Roberts said he thought the court could come up with something and many weeks after a string of justices said it would be a good idea for the court to announce its own plans, rather than risk the off-chance that Congress would pass a law.
{snip}
By Ann Marimow
Ann Marimow covers legal affairs for The Washington Post. She joined The Post in 2005 and has covered state government and politics in California, New Hampshire and Maryland. Twitter https://twitter.com/amarimow
By Robert Barnes
Robert Barnes has been a Washington Post reporter and editor since 1987. He joined The Post to cover Maryland politics, and he has served in various editing positions, including metropolitan editor and national political editor. He has covered the Supreme Court since November 2006. Twitter https://twitter.com/scotusreporter
By Ann E. Marimow and Robert Barnes
November 14, 2023 at 7:11 p.m. EST
Before welcoming four Supreme Court justices to its glittery national convention gala in Washington, D.C., last week, the conservative legal incubator the Federalist Society held a panel discussion about whether the justices should adopt a code of ethics. ... The answer from conservatives on the panel was a resounding, “No.” Any such code would just be “weaponized” against the justices on the right, said Jay Mitchell, an associate justice on the Alabama Supreme Court who has sent three clerks to work for Justice Clarence Thomas.
But the justices at the gala headlined by Justice Amy Coney Barrett were already negotiating with their colleagues a “code of conduct” specific to members of the Supreme Court. Conservative cover was not going to be enough to offset mounting criticism of the court and public pressure to bind the high court to the same kinds of ethical obligations that lower court judges follow.
It’s unclear if the document issued by the Supreme Court on Monday, both historic and underwhelming, imposes those kinds of restraints. Even Chief Justice John G. Roberts Jr. said its “rules and principles are not new” and have no means of enforcement. Specificity seems to have given way to a quest for unanimity.
The code contains broadly worded sections relating to outside relationships, recusal from cases that could bring financial gain to family members, the use of a justice’s staff and limits on appearances at fundraisers for groups. ... But there’s every sign that each word was carefully chosen. The code comes more than four years after Justice Elena Kagan told Congress the court was working on it, six months after Roberts said he thought the court could come up with something and many weeks after a string of justices said it would be a good idea for the court to announce its own plans, rather than risk the off-chance that Congress would pass a law.
{snip}
By Ann Marimow
Ann Marimow covers legal affairs for The Washington Post. She joined The Post in 2005 and has covered state government and politics in California, New Hampshire and Maryland. Twitter https://twitter.com/amarimow
By Robert Barnes
Robert Barnes has been a Washington Post reporter and editor since 1987. He joined The Post to cover Maryland politics, and he has served in various editing positions, including metropolitan editor and national political editor. He has covered the Supreme Court since November 2006. Twitter https://twitter.com/scotusreporter
