by First Liberty Institute • 4 minutes
Justice Ketanji Brown Jackson says she supports an enforceable “code of ethics” for the U.S. Supreme Court.
“A binding code of ethics is pretty standard for judges,” Jackson said in an interview with CBS News. “And so, I guess the question is, ‘Is the Supreme Court any different?’ And I guess I have not seen a persuasive reason as to why the court is different than the other courts.”
Jackson was also asked about what kind of enforcement mechanism she’d support.
“I am considering supporting it as a general matter,” Jackson responded. “I’m not going to get into commenting on particular policy proposals. But from my perspective, I don’t have any problem with an enforceable code.”
Last November, the Court adopted a formal code of conduct for the first time in its history and codified in one document the standards the Court has long held. That decision came after months of scrutiny and pressure from some politicians who claim that justices on the Court have violated ethics standards.
Other justices have also expressed support for an enforceable code. The far-Left and many politicians keep saying that imposing a “code of ethics” would supposedly help with accountability, transparency and integrity. But this is nothing more than a way to give enemies of the judiciary the power to punish justices who rule against the Left’s agenda.
“Ethics reform” is built on fabricated accusations and manufactured scandals against justices, specifically the Court’s conservatives, whom the Left sees as an obstacle. This line of attack has been happening for years with the sole intent of making Americans hallucinate misconduct. The Left has repeatedly drummed up accusations against conservative-appointed justices. Yet, it ignores similar actions by liberal-appointed justices. So, it’s clear that this is all about smearing the credibility of the justices and undermining the authority of the Court’s rulings as well. It’s just another attempt to destroy the Court’s legitimacy and judicial independence.
“The Democrats’ attack on the Supreme Court has never been about ethics. It’s about trying to destroy the court now that the left no longer controls it,” writes Mark Paoletta, who served as a lawyer in the George H.W. Bush and Trump administrations. “The Supreme Court is a separate branch specifically established in the Constitution, and it would be unconstitutional for anybody to oversee the justices’ decision-making.”
Giving Congress or any other outside agency the power to oversee the Supreme Court’s ethics is an attack on the separation of powers, warn First Liberty President Kelly Shackelford and former U.S. Attorney General William Barr.
“Congress has no business interfering with the actions of the judiciary,” they write. “It is the separation of powers into three distinct branches of government that makes our nation strong. To protect religious freedom and all of our cherished liberties, judges must be able to make decisions without fear of partisan retribution from the executive or legislative branches.”
“Since the Constitution, not Congress, created the Supreme Court, however, Congress has no authority to require the court to take that step,” explained Thomas Jipping of The Heritage Foundation.
Justice Neil Gorsuch also said recently that America needs to “be careful” about Supreme Court “reform.” In an interview with Fox News Sunday, Gorsuch stressed the importance of an independent judiciary, which is an essential safeguard for Americans, especially those who may find themselves in the minority.
“It’s there for the moments when the spotlight’s on you, when the government’s coming after you. And don’t you want a ferociously independent judge and a jury of your peers to make those decisions? Isn’t that your right as an American?” Gorsuch said. “And so I just say, be careful.”
Be careful, indeed. Former U.S. Solicitor General Paul Clement—who’s argued more than 100 Supreme Court cases—warned that attacks on the judiciary are “incredibly dangerous” because if you study the Supreme Court through history, “its legitimacy has to be built up over time. And it’s been a careful effort that has literally taken centuries.”
“Ethics reform” isn’t something to take lightly. Giving Congress “oversight” of the Court’s internal business would be catastrophic. This radical proposal would turn the Constitution and our judicial system upside down. It would destroy the rule of law and judicial independence.
Read More:
Fox News: Opinion | The growing threat behind Biden’s Supreme Court proposal
The Federalist: Democrat Senators Attack Justices With Ethics Complaints While Ignoring Their Own Conflicts Of Interest
Wall Street Journal: Opinion | The Hypocrisy of Supreme Court Ethics Journalism
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