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Enforcing a Supreme Court Ethics Code

Summary:
It is about time, Congress puts in place an ethics code for judges, Justices, and themselves. If you do not believe this is needed, read this: “Supreme Court Justices Accepted Hundreds of Gifts Worth Millions of Dollars,” Angry Bear. All told, the number of gifts FTC identified that were accepted by the current nine, plus the eight who’ve left the court since 2004 (Justices Rehnquist, Stevens, O’Connor, Scalia, Kennedy, Souter, Ginsburg and Breyer) is 546, valued at ,755,147. Adding in Thomas’ 126 likely gifts since his confirmation, that tally comes to 672 gifts valued at ,592,657. ~~~~~~ Justice Elena Kagan Suggests Judge Panel Could Enforce Supreme Court Ethics Code by David Zimmermann National Review Liberal-leaning justice

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It is about time, Congress puts in place an ethics code for judges, Justices, and themselves. If you do not believe this is needed, read this: “Supreme Court Justices Accepted Hundreds of Gifts Worth Millions of Dollars,” Angry Bear.

All told, the number of gifts FTC identified that were accepted by the current nine, plus the eight who’ve left the court since 2004 (Justices Rehnquist, Stevens, O’Connor, Scalia, Kennedy, Souter, Ginsburg and Breyer) is 546, valued at $4,755,147. Adding in Thomas’ 126 likely gifts since his confirmation, that tally comes to 672 gifts valued at $6,592,657.

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Justice Elena Kagan Suggests Judge Panel Could Enforce Supreme Court Ethics Code

by David Zimmermann

National Review

Kagan first endorsed the idea in July and previously praised the ethics code, which was formed following reports of undisclosed luxury travel aimed at conservative justices Clarence Thomas and Samuel Alito. Though praised by Democratic lawmakers as a step in the right direction toward holding the Court accountable in their eyes, the code was seen as only a means of self-enforcement by the justices.

Kagan believes a panel of retired or highly experienced judges could act as an external enforcement mechanism that would fairly handle allegations made against the justices.

Her recommendation has faced criticism from legal-ethics scholars. They say the enforcement proposal could lead to a host of meritless allegations. Or the judge panel would be too deferential to the nine justices. The Obama appointee rejected both claims. Claiming the selected judges would be tasked with dismissing frivolous accusations. Yet, while assessing those with merit and doing so without holding back in their scrutiny.

“Judges . . . they’re not so afraid of us,” she said. “I think that that’s in the picking, basically. I think there are plenty of judges around who could do a task in a very fair serious way.”

Kagan’s remarks come after Justice Ketanji Brown Jackson said earlier this month. She would be open to the idea of an enforceable ethics code without explicitly endorsing it. There is no indication as to where the other justices stand on the idea. Or whether they have discussed the matter with each other in private.

Last year, Kagan suggested that Congress holds broad powers to dictate the Supreme Court’s ethics processes. This in response to Alito’s argument to the contrary. Backing away from that statement on Monday, she said. “I don’t want to say anything about that because, you know, one day, who knows, I might have to decide a case involving that.”

Democrats led the push to impose an ethics code on the Supreme Court, but because the code lacked enforcement provisions, they were left unsatisfied.

Since then, the executive branch has taken an interest in ensuring that the ethics rules are enforced. In July, President Joe Biden announced a three-point plan to reform the Supreme Court ; one of the points involved an enforced code of ethics that would tackle corruption, and another proposed 18-year term limits for justices in place of lifetime appointments.

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