Dear John,
Why is every federal judge in the United States bound by the Code of Conduct for United States Judges, except nine – the nine judges on the U.S. Supreme Court?
It’s not like ethical principles suddenly become irrelevant to the highest court in the land. In fact certain requirements of Canon 2(B) of the Code seem especially relevant:
Canon 2(B): Outside Influence. A judge should not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment… nor convey or permit others to convey the impression that they are in a special position to influence the judge.
Case in point: The views of Supreme Court Justice Clarence Thomas are notoriously difficult to disentangle from those of his extreme right-wing activist wife, Ginni.
At the same time the defeated President Trump was calling on the Supreme Court to overturn the 2020 election results, Ginni Thomas was calling on Trump’s Chief of Staff Mark Meadows with more than 20 messages urging Trump not to give up this same fraudulent fight.
That’s right. The wife of a Supreme Court Justice was urging the President of the United States to take his lies as far as … the Supreme Court. Is it any coincidence that her husband Justice Thomas was the sole dissenter in the Supreme Court's January order rejecting Trump's bid to withhold documents from the January 6 panel?
Congress can hold the U.S. Supreme Court accountable to basic ethical standards by passing the Supreme Court Ethics, Recusal, and Transparency Act. Will you add your name now?
The act was just re-introduced in Congress and it would:
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require the creation of a code of ethical conduct for the U.S. Supreme Court,
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trigger the appointment of an Ethics Investigations Counsel, and
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require justices to publicly disclose recusal decisions.
No one is beyond the reach of the law, except, it seems, the nation’s preeminent guardians and protectors of the law.
It was recently disclosed that the investigation into the leak of the Court’s decision in Dobbs to overturn Roe v. Wade did not include any investigation of actions taken by any Supreme Court justices themselves.
It’s clear the justices cannot police themselves for conflicts of interest, for breaching the clear Constitutional lines separating the Judicial and Executive branches, or for unethical pillow talk with spouses.
This is why the Supreme Court Ethics, Recusal and Transparency Act is needed to restore public trust, transparency, and confidence in the legitimacy of the Court as an institution truly independent of the other two branches of government.
It’s time to make sure that all federal judges, including those seated at the highest level, are held to a set of standards guiding ethical behavior. Sign the petition to show your support for protecting the Court’s impartiality and freedom from improper influence.
Thank you for doing your part to help keep the U.S. Supreme Court accountable and independent so it can serve all Americans equitably.
Robert Reich
Inequality Media Civic Action
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