On Wednesday, September 18, 2024, City Journal published an article by James Burnham, principal at King Street Legal PLLC, addressing recent proposals aimed at establishing an ethics code for the Supreme Court. Burnham argues that these initiatives are politically motivated and could undermine the integrity of the nation’s highest court.
The article points to ongoing discussions, particularly a proposal backed by Justice Elena Kagan, which suggests creating an enforceable ethics code for Supreme Court justices. The proposal would potentially allow lower court judges to oversee ethical violations among justices, with the chief justice deciding which judges would have this authority. Burnham raises concerns regarding the potential for abuse of power, suggesting that a future chief justice could manipulate the selection of judges to influence decisions against colleagues.
Burnham highlights a recent incident involving leaks of confidential information concerning the Supreme Court’s deliberations, reported by the New York Times. He notes that the judiciary’s ethical standards prohibit politically motivated leaks and questions how a proposed ethics panel would address such violations. The article points out the lack of clarity regarding the investigatory powers of this panel and whether it could compel participation from justices or staff.
The potential repercussions of allowing lower court judges to enforce ethical standards are also discussed. Burnham warns that such a setup could disrupt Supreme Court rulings by enabling judges to call for the recusal of justices or even suspend them, thus altering the Court’s composition without adhering to established protocols for judicial appointments.
In addition to the concerns about authority and oversight, Burnham critiques the idea of imposing financial penalties on justices for ethical breaches. He argues that justices already face significant personal and professional sacrifices, and introducing fines could lead to retaliatory actions among judges, exacerbating conflicts within the judicial system.
Burnham asserts that there is no existing enforcement gap that necessitates the creation of an ethics panel, citing the constitutional power of Congress to impeach justices for genuine misconduct. He references the historical context of impeachment efforts, noting that while Congress has the authority to act against wrongdoing, partisan motivations have historically complicated such actions.
The article concludes that the push for a judicial ethics panel is unfounded, characterizing it as a reaction from those dissatisfied with recent Supreme Court rulings. Burnham emphasizes that despite extensive scrutiny, no credible allegations of corruption have surfaced against any justices.
Source: City Journal
