Humble Requests For SCOTUS Ethics Code, Cameras & Court Transparency

May 3, 2021

Timothy L. O’Brien opines in Bloomberg that although a lot of attention has been paid to the JUSTICE AMY CONEY BARRETT wasting “little time monetizing her new job,” she isn’t the only justice using her position to make the big bucks. JUSTICES SOTOMAYOR, THOMAS, and GORSUCH have all lined up major book deals for themselves — something O’Brien says is just a small part of a bigger problem. “The Supreme Court’s conflicts of interest and financial disclosure rules remain ragged and outdated. Unlike every other member of state and federal judiciaries, the court’s nine justices aren’t subject to an ethical code of conduct. That mirrors the latitude given the presidency, which also isn’t beholden to most guidelines circumscribing financial and professional practices of people in lower-ranking government jobs. Former PRESIDENT DONALD TRUMP’S tenure, marked by flagrant financial conflicts of interest, is a reminder of how ineffective self-regulating ethics are when someone isn’t really interested in self-regulation. The modern court, to be sure, has never approximated the tawdry corruption that enveloped the Trump administration, and polling indicates that it remains widely trusted and admired — especially compared with other branches of government. But while the court has always said it is capable of minding its own store, evidence showing otherwise has piled up in recent years.”

Danielle Kurtzleben with NPR reports that while Democrats admire JUSTICE STEPHEN BREYER, they’re ready for him to bid SCOTUS farewell. “With Democrats holding the White House and the barest of Senate majorities, there is immense urgency among progressives for Breyer to announce his retirement when the Supreme Court term ends around the end of June. That push is amplified by interest and organizing among Democrats that’s centered on the courts and has increased as Republicans built a 6-3 conservative majority in the Supreme Court over the last four years.”

After spending a decade sitting on the Supreme Court without asking a single question during oral arguments, JUSTICE CLARENCE THOMAS has found his voice! Adam Liptak with The New York Times writes, “Justice Thomas’s switch from monkish silence to gregarious engagement is a byproduct of the pandemic, during which the court has heard arguments by telephone. The justices now ask questions one at a time, in order of seniority.” Liptak points out that some of Thomas’s best moments from the last term came in the form of “colorful asides,” including his response to one lawyer accidentally referring to him as “Mr. Chief Justice.” 

In USA Today, Republican SENATOR CHUCK GRASSLEY argues cameras added transparency to the murder trial of DEREK CHAUVIN. He writes, “Cameras in this courtroom allowed the American people to watch every moment and dissect every syllable of testimony with their own eyes and ears.” The Chauvin trial, along with the American public’s growing appetite to digest live proceedings of the Supreme Court (thank you live audio!), should mean the proliferation of cameras in courtrooms across the country. Grassley: “Cameras in our courts fortify the public trust in our nation’s administration of justice. In these times of racial, political and social divide, that’s a priceless public good that can help rebuild faith in one another and our civic institutions.”