On this episode, we present another edition of advocacy in action focusing on the work our colleagues at Alliance for Justice are tackling around Supreme Court ethics. This has been a topic we’ve championed for decades, but recent events have underscored how important a topic it continues to be. We’re happy to have a special guest to guide us through the ins and outs of the topic, AFJ and AFJ Action President Rakim Brooks. 

 

Lawyers for this Episode

Leslie Barnes

Rakim Brooks

Tim Mooney

 

Shownotes

A SCOTUS Code of Ethics

·      Why doesn’t the Supreme Court have an ethical code like other entities?

·      How would an ethics code address recent troubling developments like Justice Alito leaking the Hobby Lobby opinion, or determining how Justice Thomas could sit for cases involving the insurrection given his wife’s role in January 6th?

·      Is an externally enforce code better than the proposed internally enforced code the Court has considered?

·      What is AFJ’s position?

 

Congressional Oversight

·      Legislative committees overseeing SCOTUS

·      Likelihood of legislation

·      How advocacy on this subject is impacted by the rules

·      Impeachment as an option in certain cases

 

Ethics and the Bigger Picture

·      Ethics and recent erosion of fundamental rights and politicization of SCOTUS

·      Progressive Constitutionalism

 

Resources

Supreme Court justices discussed, but did not agree on, code of conduct, Washington Post (February 9, 2023). 

Supreme Court Weighs Ethics Code as Critics Push for Change, New York Times (February 9, 2023). 

AFJ Letter to House Judiciary Committee