Flags, Free Trips & Secret Recordings: The Cases, Trials & Tribulation of SCOTUS
Jun 20, 2024
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Retired Judge Nancy Gertner and experts discuss ethical lapses in the Supreme Court, Trump's immunity case, recusal challenges, lack of ethics code enforcement, and the impact on public trust. They analyze key legal debates, recusal importance, transparency issues, accountability for justices, and the future of Supreme Court credibility amidst political challenges.
Lack of enforceable ethics code for SCOTUS justices raises concerns over recent perceived ethics violations.
Significant SCOTUS cases this term address social media, gun rights, voting, abortion, and deference to administrative agencies, impacting constitutional rights.
Calls for justices' recusal in conflict cases highlight the need for clearer ethical standards and improve public trust in SCOTUS.
Deep dives
The Supreme Court and the Ethics Issue
The lack of an enforceable ethics code for the Supreme Court justices has come under scrutiny, with discussions on recent perceived ethics violations in the limelight. Democrats' efforts to pass the Supreme Court Ethics, Refusal, and Transparency Act were blocked by Republicans, raising concerns about ethical lapses and the implications for the court's future.
Key Cases Before the Supreme Court
The Supreme Court is deliberating on significant cases this term, including ones related to social media content moderation, gun rights, voting rights, abortion laws, and Chevron deference to administrative agencies. These cases hold substantial implications for constitutional rights and the balance of power between branches of government.
Calls for Justices' Recusal
In light of ethics concerns, calls for justices' recusal in cases involving potential conflicts of interest have emerged. Justices Thomas and Alito faced criticism for their associations and decisions, prompting discussions on the need for clearer ethical standards and oversight mechanisms within the Supreme Court.
Public Opinion and Court Legitimacy
Public confidence in the Supreme Court has been eroded, with partisan divides in approval ratings reflecting broader concerns about the court's decisions and conduct. The impact of public opinion on the court's legitimacy underscores the need for transparency, ethical accountability, and judicial reform to regain trust.
Future of the Supreme Court
As the Supreme Court navigates contentious cases and ethical challenges, discussions arise on restoring public trust and improving the court's integrity. Suggestions for promoting unanimity, clearer ethical guidelines, and long-term structural changes like term limits or court expansion aim to address concerns and enhance the court's credibility.
Late spring/early summer is always a busy time for the Supreme Court, but this year, it’s not just the controversial decisions that are making news. The justices themselves have been in headlines — for all the wrong reasons. Kara and an expert panel discuss the ethical lapses, refusals the recuse, and of course, the cases themselves — including the big one, over Trump’s claim to “complete and total” immunity.
The panelists are: Judge Nancy Gertner (retired), a lecturer at Harvard Law School and former US District Court judge for the District of Massachusetts who served on the Presidential Commission on the Supreme Court; Kedric Payne, vice president, general counsel, and senior director for ethics at the Campaign Legal Center; and Judge David Tatel (retired), a former judge on the United States Court of Appeals for the District of Columbia Circuit and author of the new book Vision: A Memoir of Blindness and Justice.
This interview was recorded on Tuesday June 18.
Questions? Comments? Email us at on@voxmedia.com or find Kara on Instagram/Threads as @karaswisher