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Justice Amy Coney Barrett says ethics rules for the Supreme Court would be a 'good idea'
(www.nbcnews.com)
this post was submitted on 17 Oct 2023
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I don't really understand how ethics rules would really help fix the inherent problems within the Supreme Court. How would they even be implemented, and what body overseas their application?
Do the judges themselves decide when they break the ethics rules? Does the court decide the punishment? Unless there's some mechanism of action in place to actually remove or punish a sitting Supreme Court justice, how will it be any different than what we have now? If there is some change to the separations of power, how will politicians utilize it to game the system?
I honestly think this is just a way to appease the general public while not changing anything about the behaviour of the courts. Oh okay, I broke an ethics rule, I guess impeach me or something...... oh yeah, 3/4 of Senate and the house are completely ethically bankrupt and would never remove a sitting justice on their own side!
That’s what kills me about this whole thing too. No one is talking about this. Rules without enforcement are just suggestions. Any meaningful enforcement mechanism will either have an impossibly high threshold or be inevitable be weaponized.
An “ethics code” is a deflection from the real issue. Thomas must be impeached and removed. Any talk about an ethics code is distracting from the fact that the mechanisms we do have are not being used.
Yeap, the best I can think of is a violation of the ethics rules lowering the needed votes for an impeachment from supermajority to majority. But that would inevitably lead to more political investigations and maneuvering in Congress.
It's all kind of hopeless unless we have people in Congress that care more about the people than their political parties, and if we had that this wouldn't be a problem in the first place.
Changing the impeachment processes would require a Constitutional amendment.
Also, yeah, that would be an absolute mess. Would you really want a Republican House and Senate to be able to bulldoze the Court? Which would require the Dems to do it in return, and mean that functionally, the SCOTUS will always either match the partisan composition the House, Senate, and Presidency or otherwise be vacant.
Let's also keep in mind that the ethics committee in the House and Senate are seen as one of the most pointless, least powerful appointments in their respective bodies. They have zero enforcement power.
The only way we'll see real accountability is if we restore checks and balances with each branch able to remove members from other branches.
But that's not happening anytime soon.