The City Bar has released an in-depth report on Congress's power to create an enforceable ethics code of conduct for Supreme Court Justices. 1/7 bit.ly/4dtaYXt
The need for Supreme Court Justices to comply with the highest ethical standards is a nonpartisan issue because, as the Supreme Court itself has emphasized, public confidence in the integrity and neutrality of the courts is a bedrock principle of the rule of law. 2/7
Congress’s power to impose an enforceable ethics code on the Supreme Court comes from Article I’s Necessary and Proper Clause, Article II’s impeachment provision, and Article III’s provision that a judge may remain in office only during “good Behaviour.” 3/7
The Necessary and Proper Clause permits Congress to create a binding and enforceable Supreme Court ethics code to define the “good behavior” that entitles a Justice to stay in office and to set standards that, if violated, could lead to impeachment. 4/7
The enforcement mechanism for the Code of Conduct should consist of a Judicial Investigation Panel and Office of Inspector General for the Supreme Court. 5/7
The separation-of-powers doctrine does not limit Congress’s ability to create a Supreme Court ethics code that does not affect its decisional independence. 6/7
A judicial ethics code enacted by Congress but enforced by the judicial branch simply implements the checks and balances that lie at the core of our constitutional system. 7/7bit.ly/4dtaYXt
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