My new essay on Slate explains how Justice Samuel Alito just advanced the case for requiring the Supreme Court to adopt a code of ethics. Here is the gist:
On Friday, the movement to require the United States Supreme Court to adopt a code of conduct got a boost from a surprising source: Justice Samuel Alito. Of course, at this point backers of ethics reform should be used to Alito putting his foot in his mouth to inadvertently offer support for their cause, which is just what he did again. Indeed, in an interview published on Friday in which he trashed the possibility of an enforceable Supreme Court ethics code established by Congress, the conservative icon made the strongest possible case for such a code: It is needed to force Alitoand any other like-minded justicesto keep mum about cases that could come before them, as all other judges in this country are obligated to do.
Questioned about the SCERT Act, the justice replied on the record, I know this is a controversial view, but Im willing to say it. No provision in the Constitution gives [Congress] the authority to regulate the Supreme Courtperiod. This statementin and of itselfis a perfect illustration of why the SCERT Act is needed. And, further, it should force Alito off the case should the act ever become law and the constitutionality ever be questioned in court. Hes clearly made up his mind, and the SCERT Act itself would demand his recusal in cases where hes already expressed such a strong opinion.
You can read the entire essay on Slate.
Posted by Steve Lubet on July 31, 2023 at 01:21 PM