The Supreme Court Needs Real Oversight; The Atlantic, December 5, 2022

Glenn Fine, The Atlantic; The Supreme Court Needs Real Oversight

"A series of recent events at the Supreme Court threatens to undermine trust and confidence in the institution and demonstrates the need for it to have a code of ethics and for better oversight within the judiciary...

First, a code of judicial ethics should apply to Supreme Court justices. The Supreme Court should explicitly state that the Judicial Code of Conduct applies to it, or implement a modified code that does.

Second, the justices should be more transparent about their recusal decisions. They should explain the reasoning for their decisions to recuse, or not to recuse, themselves in significant cases.

Third, the judiciary as a whole should be subject to inspector-general oversight—to investigate alleged misconduct and to promote efficiency throughout the judiciary’s administrative operations, not to second-guess any judicial opinion. An experienced, permanent, internal judiciary inspector general, potentially reporting to the chief justice, could be structured to ensure that the judiciary maintains its institutional independence but employs more effective oversight.

In short, the Court needs to assure the public that it is governed by ethical rules and that each justice is not voluntarily judging his or her own compliance with ethical requirements. Supreme Court justices are not above the law or ethical rules. The Court’s failure to adopt an ethical code and its resistance to oversight risk further decline in public trust and confidence."