Tuesday, April 19, 2011

Why do Supreme Court justices think they can ignore the same rules of conduct that bind other federal judges?

Dahlia Lithwick wonders:

Because we are a romantic people who want to believe in the Tooth Fairy and the Easter Bunny, we also believe that something magical happens to justices and judges when they don the black robes. In exchange for that public trust-slash-delusion, judges are expected to do a few simple things: Avoid partisanship and the appearance of partisanship; avoid the appearance of having a stake—financial or otherwise—in the outcome of a case; disclose your activities and financial information; and recuse yourself when those appearances have been compromised.


She has doubts since there is no entity that can force Supreme Court Justices to abide by a code of conduct. Perhaps this is an inevitable consequence of judicial independence.