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The Court Chooses Corruption

The US Supreme Court Building sourrounded by money.

THE ISSUE

Two weeks ago, the Supreme Court issued its first ever code of conduct, loosely outlining a set of ethics guidelines for its nine, life tenured members. 

THE DETAILS

The 14 page outline does not acknowledge any of the myriad shortcomings and violations that investigations have found its members guilty of.  Instead, it blames the public’s “misunderstanding” for the bad press and low public approval of its last two years with statements like “To dispel this misunderstanding, we are issuing this code, which largely represents a codification of principles that we have long regarded as governing our conduct,” failing even to acknowledge any poor judgement, let alone wrongdoing. 

The ”code” also fails to mention any enforcement body or procedure, nor does it outline any set of punishments should these codes be violated.  What’s more, the language of the document is squishy at best, using phrases such as “to any substantial degree” in describing the limits of the justice’s ability to use resources or staff for non-official activities, without defining “substantial degree.”

Recusal from cases before the court for which any justice may harbor bias also remain up to the discretion of the justices, in spite of their repeated failure to do so in circumstances of obvious conflict of interest.  While they rarely recuse, they are also often vague about why they are doing so.  Often the implied reason has to do with stock holdings, which brings about another arm of corruption within the Court that mirrors conflicts of interest in Congress: In spite of their $285,400 taxpayer paid salary, Justices refuse to limit investments to only diversified mutual funds. 

IS THIS A PARTISAN ISSUE? 

Absolutely not.  The make-up of the Supreme Court will always change over time.  What matters is that the court remain unbiased and incorruptible.  The behavior of the court in recent decades has exposed what can only be called patterns of corruption from both Republican and Democratic justices.  These behaviors- the acceptance of lavish gifts from people and entities who stand to benefit from the Justice’s power and influence- are expressly forbidden and punishable by law or by removal in every other body of government, including lower federal courts

THIS SEEMS TO BE IT

Over the past two weeks, Unite Us has waited and watched for the Court’s reactions to public criticism over its perfunctory rules release, but none have come.  Without tremendous public pressure, Congress is unlikely to use its oversight to force any change within the Court.

WHY THIS MATTERS TO US

The success of American democracy has been largely attributed to our separation of powers, and to the checks and balances that they impose upon each other.  Congress has the power to, and indeed has changed and limited the power, jurisdiction, and size of the Supreme Court over time.  The ability of the most powerful court…and the most powerful, unelected body in America…to take bribes as it pleases and police itself without outside scrutiny should deeply trouble every American voter who doesn’t have billions to buy influence. 

Join the growing cry for Congress to step up and bring the checks and balances to the highest court in the land that it has always lacked.  Join Unite Us.  Spread the word.  Call your representatives today and tell them you’ve had enough of corruption!  

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