Leah Litman, co-host of Crooked's Strict Scrutiny podcast, discusses the Supreme Court's newly announced ethics code and its lack of enforceability. They analyze the concerns surrounding the code and suggest the need for an independent counsel. Other topics include the Biden-Xi meeting and flash bang grenades used by Atlanta cops during protests.
The Supreme Court's ethics code has been criticized for lacking substance, enforceability, and provisions for enforcement, raising questions about partiality and leaving room for interpretation.
To enhance the effectiveness of the Supreme Court's ethics code, the establishment of an independent counsel or inspector general position is suggested to enforce the code and ensure compliance, as the current justices are unlikely to voluntarily adopt more stringent ethics guidelines.
Deep dives
Supreme Court Adopts Code of Ethics
The Supreme Court has recently adopted its first-ever ethics code, which all nine justices have signed on to. However, the code has been criticized for lacking substance and enforceability. The code is described as merely stating the principles that the justices have been following all along, rather than introducing new guidelines. It contains vague terms that raise questions about injustices and partiality, leaving room for interpretation. There are no provisions for enforcement, making it difficult for anyone to take action if there are concerns about impartiality. Critics argue that creating an independent office to enforce the code would have been a better solution.
The Limitations of the Supreme Court's Code of Conduct
The Supreme Court's code of ethics has faced criticism for its lack of substance and meaningful enforcement. Critics argue that the code fails to address serious questions of partiality and undermines its own purpose. The code is seen as a response to public concerns about the court's ethics, but its provisions do not go far enough to address these concerns. To enhance the code's effectiveness, critics suggest the creation of an independent counsel or inspector general position that can enforce the code and ensure compliance. However, it is unlikely that the current court will voluntarily adopt more stringent ethics guidelines.
Hope for Meaningful Ethics Reform outside the Court
Meaningful ethics reform for the Supreme Court is unlikely to come from within. Critics doubt that the current justices would willingly create and enforce a code that restricts questionable conduct related to impartiality. Instead, they believe that significant changes will have to be brought about by external forces. Possible avenues for reform include establishing an independent office responsible for monitoring compliance with the ethics code and addressing concerns about corruption and impartiality. While change is possible, it is unlikely that the justices themselves will enact substantive ethics reform.
The Supreme Court announced its first-ever ethics code on Monday after pressure from Congress and the public. But it’s unclear how the code – signed by all nine justices – will be enforced. We’re joined by Leah Litman, co-host of Crooked’s Strict Scrutiny podcast, to make sense of it all.
And in headlines: thousands of people fled Gaza’s largest hospital as fighting continues outside the facility, protesters and police clashed at Monday’s Cop City protests, and Chuck E. Cheese is getting rid of animatronics in nearly all of its locations around the country.
Show Notes:
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