Back when McConnell refused to pause and hold on ceremony and tradition (as he had stubbornly enforced only years prior), and he pushed through yet another Supreme Court Justice in the final weeks of those dark years known as the Trump residency in the White House, just before the election Trump lost (despite his and many of his lackeys refusal to accept said loss) we knew things would get bad. We knew that an eye need be kept on the court, perhaps in ways we hadn’t in previous iterations. Because, as we had seen from the declining behaviors of our political “leaders” over the last several years, these are somewhat unprecedented times we are living through.
Little did we know what that spotlight would uncover as we shone it into the dark corners of the benches these Justices occupy. Not only did the discussion of term limits come back onto the field of play (which really, we should have an entirely separate discussion about how elder our elder statesmen and woman are allowed to get while still holding onto their seats, but we will perhaps cover that another time), but the fact that the court, the highest in the land, is the only one that operates without a mandatory code of ethics being adhered to and upheld by came into glaring focus of late. With all the recent stories breaking about these Justices acting out of line and out of step with generations of practiced and expected codes of conduct guiding their behaviors, we find more of that unprecedented decay denting our foundational tenets and powers than the framers may have been able to foresee.
In 2011, Chief Justice Roberts made it clear what side his bread was buttered on when discussing the US court system’s ethical code and its lack of reach to the SCOTUS benches. “The Code of Conduct, by its express terms, applies only to lower federal court judges. That reflects a fundamental difference between the Supreme Court and the other federal courts,” Roberts said. “Article III of the Constitution creates only one court, the Supreme Court of the United States, but it empowers Congress to establish additional lower federal courts that the Framers knew the country would need. Congress instituted the Judicial Conference for the benefit of the courts it had created. Because the Judicial Conference is an instrument for the management of the lower federal courts, its committees have no mandate to prescribe rules or standards for any other body.” Not really being a “be the example you want to see in the world” kind of leader, he has not seen fit to take any sort of censuring action against his Justices either.
And when those sitting on the bench could largely be trusted to adhere to a sense of propriety and justice, that Code of Conduct’s lack of Supreme reach was all fine and dandy and tasted like wine and candy. But now these brazen bench riders are engaging in behaviors, and have even come to the courts with conduct, not only unbecoming of a Supreme Court Justice, but that of any public servant period. Before and after they have tainted the bench of this sacred institution with their lies, political ties and special interests beyond the law and upholding of the Constitution. Even lying to the public and the Senate in their testimonies for confirmation. They have registered judgements on cases where there was no complaint, but only served to undermine justice and protections against discrimination. And they haven’t stopped there. They said under oath, Roe V Wade was settled law, and then acted to wipe this settled bit of legal doctrine from its place protecting the people of the United States despite poll after poll showing that the majority of the public favored this policy.
So where do We the People draw the line? When do we finally say enough is enough? We know that it will not happen on its own. It will require consistent, loud and disruptive activism on our parts to shake these regressive barnacles from the bench and course correct the SCOTUS ship for the generations ahead. And we need to start immediately! The corporate interest shrouded decision to allow the new pipeline that just got handed down in recent days is yet another example of how unsafe they are making the public for the greed of their investors and business benefactors, misusing the benches for their own benefit and that of their shareholders (read reign holders). We know that decisions are being bought. We know that Justices aren’t recusing themselves when they should. So having Congress empowered to enact even the current Code to these benches is a small step for humankind and a good place to start.
We need a code of ethics to be upheld at the least, term limits at the medium, and impeachments from the bench at the most. We are in an untested waters, and we needn’t wait to see how many more drown or are left without life preservers or any protections in place whatsoever before we do something about it. We have to act before more damage is done and the system allows these perversions of position to stand and persist. Our democracy depends on it. So let us start making noise and getting the attention of our elected officials to ensure they know where we stand on this issue, and where they will need to stand if they want to stay in office. That’s how the system is supposed to work, anyway, so maybe it’s time we started acting like it. So that they start acting like it too.
