Bloomberg Opinion on how the Supreme Court needs a real ethics code:
Holding judges to high ethical standards is essential to the U.S. legal system. The Supreme Court’s recent adoption of an ethics code is an overdue acknowledgement of this reality. But the court’s failure to include any enforcement provisions reduces the code to a paper tiger.
Where ethics are concerned, the high court has long taken the approach of adopting “rules for thee but not for me” — requiring all other federal judges to adhere to high standards while exempting itself. Not surprisingly, the justices have exhibited a series of embarrassing ethical lapses, including failing to recuse themselves despite owning stock in companies appearing before them; failing to disclose lavish gifts; using public employees to help promote and sell books; and accepting free accommodations for themselves and guests.
These breaches have led to a public outcry, and rightly so. They stain the court’s reputation and reduce public confidence in its authority and independence.
At a time when public trust in democratic institutions is low, such failures are all the more intolerable.
Yet the court’s new code could well breed more public cynicism, by continuing to allow its members to sit as their own judge and jury, a standing invitation for misconduct . ...
Since the court has refused to take enforcement seriously, Congress should do so.
The Constitution provides lawmakers with broad latitude in regulating the judicial branch, and the legislature has a long history of imposing requirements on the high court ... Judicial ethics are of paramount importance to democracy. It doesn’t speak well of the justices that they’ve failed to grasp the obligations this imposes on them — and it was an insult to claim, as they did in a patronizing statement, that the new code is merely a matter of clearing up the public’s “misunderstanding” about the court’s rules. It is now up to Congress to hold the justices accountable.