The Supreme Court indicated Monday it will adopt a code of conduct amid heightened scrutiny over the high court’s standards when it comes to undisclosed gifts and trips. In a statement released alo…
This was always going to be toothless. There is no legal method for the Chief Justice or any associate Justice or anyone on staff to enforce compliance. All it could ever do is be a canary in the coal mine for impeachment.
And unfortunately, besides impeachment, I'm not sure there's any other tool the Congress has to enforce compliance or punishment onto the Supreme Court either. Unless they're willing to push through a Constitutional amendment.
I've heard people say that they can bind another co-equal branch of government with normal legislation because they do the same to the executive branch, but ultimately that's generally in cooperation with the judicial branch. In some situations the judicial branch has sided with the executive branch, such as executive privilege. In the case of Congress directly trying to impose this on the judiciary the Supreme Court could and probably would strike it down. The only help the executive could offer is of the "They've made their decision now let them enforce it." sort. Ultimately that's living in a Constitutional crisis and at that point why do any of the principles behind our government matter?
The only other option I see would be passing a code of ethics and then using their Constitutional power to shield that law from the Supreme Court's appellate jurisdiction. However that's shaky as a state could sue over it and automatically get the case in under the court's original jurisdiction which cannot be limited.
It’s not even a suggestion. It’s an appeasement hoping it gets people off their back and looking the other way. I’d be very, very surprised if they actually believed in this and felt it suggested better behaviour, considering it’s being implemented after they got caught.
Calling them gifts makes it seem like someone got a pair of socks. Clarence Thomas was given 38 vacations, 26 private jet flights, and a hell of a lot more from multiple different billionaires. These are bribes that are bigger in value than most American's yearly salaries.
We're past that point, in my opinion. Bribery is illegal. We should be conducting criminal investigations and filing appropriate charges at this point.
I only had time to skim the rules for now, so I hope I'm wrong, but there doesn't appear to be any mention of 3rd party oversight or punishment for breaking these rules. If so, it's basically a pinkie promise by the wolves to stop getting into the henhouse, and they'll definitely self-report if they do.