Ethics and the Supreme Court s Independence – WSJ

Recent bills in Congress pose a danger to the separation of powers and judicial independence and thus to our liberties. The justices are already required by federal law to disqualify themselves from a case if their impartiality could reasonably be questioned. But these bills dive head-first into the inner workings of the court.

One of them would order the justices to adopt a code of conduct. It would subject them to disciplinary action in which judicial investigation panels composed of lower-court judges would investigate (with subpoena power and perhaps hearings) complaints filed by anyone who thinks a particular justice has done something that undermines the integrity of the Supreme Court. The bills would also impose new recusal standards, making disqualification motions reviewable by the other justices and requiring the court to publish on its website descriptions of complaints against the justices.

This would turn Supreme Court litigation into a political circus and cripple public confidence in the integrity and impartiality of the court. Imagine the spectacle of motions over recusal and disqualification which would likely become routine, especially in high-profile cases with opposing parties fighting to knock out justices viewed as unfavorable to their side. A justice s colleagues could be in the position of having to make the final call.

via www.wsj.com