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Bloomberg Law

SCOTUS Ethics Code Is Just PR

Nov 16, 2023
Constitutional law scholar discusses gaps in Supreme Court's ethics code. Partner at Paul Weiss talks about civil case over violence at Charlottesville rally and danger signs in recent protests.
30:44

Podcast summary created with Snipd AI

Quick takeaways

  • The Supreme Court's new code of ethics lacks enforcement mechanisms and fails to hold justices to the same standards as lower court judges, raising concerns about conflicts of interest and recusal.
  • White supremacist and neo-Nazi groups are exploiting divisions caused by recent events and using anti-Semitism to mobilize their movements, highlighting the need for increased awareness and action to combat their influence and prevent future violence.

Deep dives

Supreme Court's Ethics Code: More Guidelines Than Rules

The Supreme Court has introduced a code of conduct in response to ethics controversies, but the code is seen as more of a PR move than a significant change. Constitutional law scholar David Super explains that the code lacks enforcement mechanisms and does not hold the justices to the same standards as lower court judges. There are concerns about conflicts of interest, gifts, and recusal, with the code being vague and less stringent than the rules for lower court judges. Overall, the ethics code is seen as toothless and unlikely to lead to substantial changes in the behavior of the justices.

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