Justice Elena Kagan Proposes Panel of Judges to Enforce Supreme Court's Code of Conduct

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ICARO Media Group
Politics
25/07/2024 23h57

In a recent judicial conference in Sacramento, California, Justice Elena Kagan suggested that Chief Justice John Roberts appoint a panel of judges to enforce the code of conduct for the US Supreme Court. Kagan expressed her trust in Roberts and stated that creating a committee of highly respected judges with extensive experience and a reputation for fairness would be an effective solution.

The Supreme Court has faced controversy following reports of lavish vacations, private jet flights, and other gifts received by Justice Clarence Thomas. In response to growing demands for transparency and accountability, the justices adopted a code of conduct for the first time in November. However, the code has faced criticism for lacking an enforcement mechanism.

Acknowledging the difficulties in determining who should enforce the ethics code for the justices, Kagan emphasized the importance of finding a solution. During the conference, she expressed her belief that despite the challenges, a mechanism should be established to enforce the code.

Kagan also critiqued her colleagues for writing multiple opinions in a single case, which she believes creates complications for lower courts. She stated that it hinders the ability to provide clear guidance, which both lower courts and the public expect. Kagan argued that separate writings should not be employed simply because justices would have written the majority decision differently. Instead, she proposed a "higher threshold" for such cases.

The United States v. Rahimi gun case was cited by Kagan as an example of the court's fractured decisions. In this case, the court upheld a federal law banning individuals subject to domestic violence restraining orders from possessing a gun. However, seven out of the nine justices wrote their own opinions, indicating divisions among them on how to analyze the constitutionality of firearm restrictions based on history and tradition.

Kagan's comments come after a significant Supreme Court term marked by controversial decisions. The court limited the power of federal regulators, lifted a federal ban on a gun accessory used in a mass shooting, and granted former President Donald Trump immunity from criminal prosecution for some official acts during his time in office.

The proposal for a panel of judges appointed by Chief Justice John Roberts to enforce the Supreme Court's code of conduct signifies an effort towards increased transparency and accountability. As discussions on ethics enforcement continue, it remains to be seen how the court will address the challenges while striving for fairness and adherence to the code.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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