Should Supreme Court justices hang out with extremely partisan figures? At a holiday party, for instance? andylevy and jaywillis explore that in this episode of The New Abnormal.
“Supreme Court justices are the only article three federal judges who are not bound by any code of ethics. [A] normal person, who is not a lawyer, looks at Brett Kavanaugh hanging out with this absolute collection of like right-wing Trumpy freaks and thinks, ‘Well that’s not great, that makes me have some questions about Justice Brett Kavanaugh's ostensible impartiality,’ [but] legally, he’s just fine,” says Willis.
But! He adds, “The Supreme Court has repeatedly said that although it is, again, not subject to any binding code of ethics, that it doesnt’ need to be bound by any code of ethics. And Chief Justice Roberts’ explanation for this is more or less, well, ‘You can trust us, we’re Supreme Court justices, we know the right thing to do.’ So like to me it’s just sort of table stakes.
However, he adds, even if we did impose social ethics on the justices, he doesn’t see a rule that blocks justices from schmoozing at Christmas parties fixing the court’s bigger issues, the biggest being public trust.have an impact, and whether or not Justice Amy Coney Barrett is going to forever vote as awfully as the left thinks she will.
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