Showing posts with label calls for binding codes of ethics. Show all posts
Showing posts with label calls for binding codes of ethics. Show all posts

Saturday, August 3, 2024

Tuesday, May 21, 2024

Alito’s inverted flag makes a mockery of the Supreme Court’s code of ethics; The Hill, May 21, 2024

 CEDRIC MERLIN POWELL, The Hill; Alito’s inverted flag makes a mockery of the Supreme Court’s code of ethics

"This violates the court’s newly minted code of conduct, which remains unenforced because the court regulates itself. Its legitimacy is buttressed by a paper tiger.

The inverted flag on Justice Alito’s flagpole violates nearly all of the court’s ethical rules. 

Its first disqualification rule says “A Justice is presumed impartial and has an obligation to sit unless disqualified.” Alito’s impartiality has been shattered. He should be disqualified because he has not avoided “impropriety and the appearance of impropriety in all activities” per Canon 2, and he cannot “perform the duties of office fairly [and] impartially” per Canon 3 because the inverted flag signals his allegiance to a party that has pending matters before the court. 

The partisan and volatile tenor of the inverted flag “endorse[s] a … candidate for public office,” which violates Canon 5 because it trades in the discredited Trump-invented trope of a stolen election. Justice Alito has not refrained from political activity; thus, the independence of the judiciary is called into question, per Canon 1. This is particularly disconcerting because Justice Alito is the third most senior justice on the court...

Every branch of government, including state and lower federal courts, has enforceable and binding codes of conduct that ensure impartiality, fairness and legitimacy. Congress must adopt a binding code of conduct for the Supreme Court. We should right the flag by turning it upward toward our democratic principles."

Friday, May 17, 2024

Supreme Court Ethics Controversies: Alito’s Upside-Down Flag Flying Draws Concern; Forbes, May 17, 2024

Alison Durkee , Forbes; Supreme Court Ethics Controversies: Alito’s Upside-Down Flag Flying Draws Concern

"Supreme Court Justice Samuel Alito flew an upside-down American flag outside his house after the 2020 election, The New York Times reported Thursday—a symbol of the “Stop the Steal” movement challenging the election results—the latest in a string of recent ethics issues the court has faced that have ramped up criticism of the court and sparked cries for a binding code of ethics from lawmakers and legal experts...

Alito said in a statement to the Times about the flag flying that he “had no involvement whatsoever in the flying of the flag,” claiming “it was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”"