Saturday, November 18, 2023

Stinging critique of SCOTUS ethics announcement


The Justices have modified the Code of Conduct applied to lower court federal judges but have replaced "shall" with "should" many times and have added modifiers like "knowingly" to give Justices an out when they are caught. 

Regarding recusal, the article says, "Canon 3(B)(3) holds that 'The rule of necessity may override the rule of disqualification.' If this sentence sounds like it means whatever the justices want it to mean, that's because that's exactly what it means. The 'rule of necessity' renders the Court's supposed disqualification and recusal rules meaningless." 

The code provides no enforcement mechanism.

Charlie Cooper

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