this post was submitted on 07 Mar 2024
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Supreme Court should be subject to ethics laws and rules, not exempt from them
Rules adjudicated by whom? You'd need another independent judiciary specifically tasked with overseeing the SCOTUS, and there's a lot of reasons why that would be a dicey proposition.
Even if they’re responsible for policing themselves, you’d get a huge improvement by making them write it down. We shouldn’t have Clarence Thomas claiming he didn’t know that accepting $100k+ is an obvious conflict of interest.
My company has no problem writing down ethics policies for me - I’m sure they’d let the supremes copy it. We even have regular training to clarify edge cases that Clarence Thomas claimed to not understand. I’m sure they could subscribe to the same service
Would you? Do you seriously think guys like Kavanaugh and Alito would sincerely self-report? Or would they just lie with impunity and dare you to call their bluffs?
Who holds Thomas to account when he's caught perjuring himself? What court do you put him in front of?
Without a doubt, because you're staff and they're the boss. But there's no one to hold the owner of a company to its own internal policies. Not when the owner gets to author, adjudicate, and dictate the administration of those policies. No Twitter HR rep is going to rein in Elon Musk.
Currently, they not only judge themselves but decide what their standards are.
Clarence Thomas was found out, and we’re all outraged. So far, he’s claiming various versions of ignorance and there’s no rule against it. Writing down ethical standards mean he can no longer make those claims. He’d have no excuse, no way to delay.
You’re right that he still might not be held accountable, but it is a step in the right direction
Okay, sure. But then he just makes a new set of bullshit claims, and nobody exists in a position to call him on it.
If it was a step we were taking, I won't object. Part of the problem with this bullshit is that reforms are almost always DOA, outside of hypothetical debates. But if I'm starting from a blank slate and told "Fix the SCOTUS", I'd dream a bit bigger than a rule with no teeth.