Wednesday, October 5, 2011

Move to Impose Tougher Supreme Court Ethics

Democrats Seek to Impose Tougher Supreme Court Ethics
The New York Times -  The Caucus  -  by Eric Lichtblau  -  September 8, 2011

House Democrats, seeking to capitalize on recent questions about the political leanings of several Supreme Court justices, are pushing for toughened ethics standards that would hold the justices on the high court to the same judicial requirements as federal judges.  In a letter that is being sent Friday to House Judiciary Committee leaders, 43 Democrats called for a hearing on a bill that would require Supreme Court justices to follow the ethics requirements of the Judicial Conference Code of Conduct in withdrawing from cases where they may have a financial or political conflict. The justices now use the code for “guidance” but are not required to follow it.  The bill, sponsored by Rep. Christopher S. Murphy, Democrat of Connecticut, would also require the justices to disclose publicly their reasons for any withdrawal from a case and would set up a process to review possible conflicts if a justice refuses to step aside.  The notion of imposing higher ethics standards on the Supreme Court appears to be gaining momentum among House Democrats and outside legal scholars, but its prospects in the Republican-controlled House are still uncertain.  The bill “would go a long way towards restoring the public’s confidence in the Supreme Court” after several recent controversies, the Democratic lawmakers said in the letter. An advance copy was provided to the New York Times.  The Democrats singled out three conservative justices -– Antonin Scalia, Clarence Thomas, and Samuel Alito –- for “alarming reports” of their appearances at politically themed events.  Justice Thomas has received the most recent scrutiny not only for his appearances before Republican-backed groups, but also for his acceptance of favors from a prominent conservative contributor in Texas, Harlan Crow, and his wife’s work as an advocate for conservative legal causes.  Conservatives, in turn, have sought to spotlight politically tinged appearances and trips by members of the Supreme Court’s liberal wing, including Justices Ruth Bader Ginsburg and Stephen Breyer. The Democrats’ letter does not mention any of the liberal justices, however.

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