Supreme Court Adopts Ethics Code

Source: The Volokh Conspiracy
by Ilya Somin

“Critics of the new code have focused on the lack of enforcement mechanisms. If a justice violates the rules, there is no provision for any kind of penalty. This is a reasonable concern. It is, however, partly mitigated by the fact that the justices care about their reputations, and a justice who violates these rules is likely to take reputational damage. He or she can no longer claim that the relevant standards are unclear. It is also the case that it’s hard to create a binding enforcement mechanism for the Court without intruding on judicial independence. These considerations may block enforcement mechanisms as rigorous as critics might want. Even so, it should be possible to have at least some enforcement mechanisms.” (11/14/23)