Sen. Whitehouse: The Supreme Court should no longer be able to call its 'own balls and strikes' on ethics. (via Deadline: Legal Blog)
you and your colleagues sent to Chief Justice John Roberts demanding he conduct an ethics investigation within the court, what can we really expect the court to do for itself given that the whole self-policing thing is kind of part of the problem here?Well, there are two problems. One is the refusal to self-police. And that can be solved by simply not refusing to self-police any longer. Every other court, all of the circuit courts of appeal, for instance, have a self-policing mechanism.
JR: And what’s the enforcement mechanism there? Because, tell me if you disagree, that seems to be at least one of the most important issues — not just what the rules are, but what sort of realistic means there are to enforce them, right?Yup. I would say first, that before you even get to enforcement, there’s got to be someplace where a complaint can come into the court. There’s got to be an inbox.
Once the spotlight is on the fact that these justices have put themselves in the position of being exclusive judges in their own cases, it becomes untenable to defend. JR: So that’s an important general principle that you’ve laid out.
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