Sheldon Whitehouse Profile picture
Nov 16, 2023 6 tweets 2 min read Read on X
Let’s take a look at some of the tweaks the Supreme Court made to the lower courts’ code of conduct. Swapping out “judge” for “justice” makes perfect sense, but a few of these edits ought to raise eyebrows.

Here’s the “no ratting out your colleagues” switch: Image
Note here the addition of “knowingly.” Image
Deleted: “that a judge’s conduct contravened this Code, that a judicial employee’s conduct contravened this Code, that a judicial employee’s conduct contravened the Code of Conduct for Judicial Employees, or that a lawyer violated applicable rules of professional conduct.” Image
"Shall" is swapped for "should." Image
"Shall" swapped for “should,” and “knowingly” sprinkled in a few more times. Image
And one more excerpt.

Setting aside the main problem of no process/no umpires, even the Code itself is watered down for Their Olympian Highnesses. Image

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More from @SenWhitehouse

Jul 11
I’ve reviewed the texts and emails the whistleblower supplied to back up his comprehensive report and warning about Trump administration efforts to defy and ignore court orders.

🧵

nytimes.com/2025/07/10/us/…
The texts and emails absolutely corroborate the whistleblower report, quite exactly. The only lie they reveal is AG Bondi lying that his testimony is “false.” Clearly, it is precisely detailed and beautifully corroborated. Here are some high points.
The exhibits reveal massive dysfunction as the line attorneys try to prepare for imminent court proceedings while being stonewalled and misled by higher-ups at DOJ and DHS, and kept in the dark about what was really happening.
Read 8 tweets
Jul 9
What's up with Justice Jackson? She started making her mark and speaking out early, and some of her dissents are so pointed Kagan and Sotomayor don’t even join them. The far right is out for her, and even Republican justices are getting snarky.

So what's up? Here’s my take 🧵
One of the internal traditions of the Court is “collegiality.” First, you’re there for life, so you may as well get along.
Second, issues come and issues go, and an ally in one case is an opponent in another. Third, the Court thinks of itself as a stately institution, hence decorum matters.
Read 23 tweets
Jun 26
The tale of Trump and “his” justices — you need to understand this to understand what went down at the Supreme Court. The commonly understood story is wrong.

So here we go 🧵
Remember when Trump first ran, how the most powerful political force on the Republican side was the Koch political operation? Americans for Prosperity and the associated armada of Koch-funded, coordinated front groups?
Remember how they hated Trump, saying in 2016 that Trump is a “terrible role model” and that Trump’s idea to create a national registry for Muslims was “Nazi Germany” and “monstrous.”
Read 19 tweets
Jun 6
Trump is slowly figuring out that it was the Koch operation that chose, and is served by, “his” Supreme Court nominees, and that “his” people Leo and McGahn were really working for the polluter billionaires.

Let’s review the history. 🧵
Remember, in 2016 election Koch political operation attacked Trump relentlessly, until the so-called “Federalist Society list,” which FedSoc never considered or approved. That was misdirection, hiding that it was really a Leo/Koch/polluter list.
Every clue is that there was a deal; Kochs knew better than to trust Trump, so they got a public list — and their guy McGahn into the White House. The Kochs laid off attacking Trump, and hoped for the promised SCOTUS picks.
Read 9 tweets
May 30
Trump’s mad rant unloads on Court-fixer Leonard Leo — has Trump FINALLY figured out that he was chumped big-time by Leo, McGahn and the creepy billionaires (Koch) who REALLY controlled “his” judicial appointments? Slow learner.
It looks like House of Trump cut a deal in the 2016 election with House of Koch, to back off on attacking Trump in return for Koch minions controlling Trump’s appointments. Leo was their minion — and Trump was clueless? Some “Art of the Deal”!
The Kochs knew Trump couldn’t be trusted — he had the worst business reputation in America. Hence the so-called “Federalist Society list” of SCOTUS noms (in which the FedSoc had no actual role) to lock Trump in publicly — also Leo/McGahn/Koch orchestrated.
Read 4 tweets
May 6
This looney-tunes right-wing group’s complaint against Roberts was an effort to ferret out my correspondence on judicial ethics matters with the Judicial Conference.
dailykos.com/stories/2025/5…
Other efforts against my work with the Judicial Conference included an invective-heavy letter from Mitch McConnell attacking judges for wanting better amicus disclosure and faux outrage from the WSJ Polluter Page.
What’s loopy about this complaint is that each branch of government properly performs internal “legislative,” “judicial,” and “executive” functions (customarily referred to as “quasi” to reflect that they are properly within the respective branches).
Read 5 tweets

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