Should a sitting Supreme Court justice comment on a presidental election? (illegal, Republican)
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Do you want to know why? Look in the Constitution and get back to us.
It's for US Judges. You're saying supreme court judges are magically exempt from following such rules? If they are, in law, then I see a big loophole in the rules as this same code certainly should apply to them.
Don't you agree? Otherwise, it's like saying ENT Doctors should follow a code of ethics but podiatrists shouldn't. And that makes zero sense.
It's for US Judges. You're saying supreme court judges are magically exempt from following such rules? If they are, in law, then I see a big loophole in the rules as this same code certainly should apply to them.
Don't you agree? Otherwise, it's like saying ENT Doctors should follow a code of ethics but podiatrists shouldn't. And that makes zero sense.
As that article from the ABA duly noted, the Code of Judicial Conduct does not apply to the United States Supreme Court, which was created in Article III of the Constitution of the United States.
Here is Section 1 of Article III:
"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office."
Note that the section refers to 'such inferior Courts as the Congress may from time to time ordain and establish'. It was Congress that established the Federal District Courts, Federal Appeals Courts, and some other courts (bankruptcy, admiralty, and a few others I can't think of). Congress did NOT establish the Supreme Court.
Since Congress 'ordained and established' these lower Courts, they were able to create a Code of Judicial Conduct for said courts. However, the Legislative Branch (and the Executive Branch) of our government is not Constitutionally empowered to place restrictions upon the Supreme Court of the Judicial Branch.
"Good behavior" shall be addressed at another time. However, I hope this explanation suffices.
I shall spend some time looking for podiatrists and ENT doctors in the Constitution. I doubt I will find much.
It's for US Judges. You're saying supreme court judges are magically exempt from following such rules? If they are, in law, then I see a big loophole in the rules as this same code certainly should apply to them.
Don't you agree? Otherwise, it's like saying ENT Doctors should follow a code of ethics but podiatrists shouldn't. And that makes zero sense.
Actually the Code of Conduct includes a paragraph describing who it applies to...
This Code applies to United States circuit judges, district judges, Court of International Trade judges, Court of Federal Claims judges, bankruptcy judges, and magistrate judges. Certain provisions of this Code apply to special masters and commissioners as indicated in the “Compliance†section. The Tax Court, Court of Appeals for Veterans Claims, and Court of Appeals for the Armed Forces have adopted this Code.
It's for US Judges. You're saying supreme court judges are magically exempt from following such rules? If they are, in law, then I see a big loophole in the rules as this same code certainly should apply to them.
Don't you agree? Otherwise, it's like saying ENT Doctors should follow a code of ethics but podiatrists shouldn't. And that makes zero sense.
While one might reasonably suppose it makes zero sense, it is true that the Supreme Court Justices are exempt from the code of judicial ethics. The Justices are responsible for self-policing ethics (up to the point that impeachment is on the table).
I'm not sure that Congress could impose a canon of ethics on federal courts. The Code of Conduct for United States Judges was adopted by the Judicial Conference, not by Congress. While the Judicial Conference was codified by Congress (only as to structure, not the substance of any rule it might decide to suggest), it is substantively under the control of high judicial officers (and pre-existed Congress' codification).
Article I, section 8 & Article III, section 1 point out that Congress may "ordain and establish" inferior courts, or "constitute" inferior courts.
While Congress would surely combine the "constitute inferior courts" power with the Necessary and Proper power to attempt to impose ethics, it would ultimately be up to the judicial branch to determine if imposed ethics rules are constitutional. In fact, former Chief Justice Rehnquist opined that Congressional intrusion on judicial independence or control of judicial acts is unconstitutional. Where that line lies is tough to say.
Even the Senate's own analysis states: "It is not clear whether Congress has authority to investigate and punish judges' behavior outside of the impeachment process." https://www.senate.gov/CRSReports/cr...23%40%20%20%0A
I hope with every fiber in my soul that Donald Trump loses. I think a Trump presidency has a potential to be dangerous. I am an ABT (anybody but Trump) voter.
However, even though I agree with her, I really do not think Ruth Ginsburg, a sitting Supreme Court justice should comment on a presidential nominee. I think it is very important that the Supreme Court be apolitical. It's possible I missed it but I don't remember this happening in my lifetime. What is your take?
And Hillary Presidency doesn't have any potential to be dangerous full of corruption and put our security at risk?....your hate towards Trump is funny especially coming from a "conservative"....lol
Imagine if a Conservative Supreme Court Justice said in public that Hillary is a liar and corrupt and there is something that smells over the Clinton Foundation and that the Department of Justice should have indicted Hillary on criminal charges.....would the media and democrats be o.k with that?
Ruth crossed the line by a mile and tainted the S.C. which already has a bad rap of being too political, she took it to the next level.
And Hillary Presidency doesn't have any potential to be dangerous full of corruption and put our security at risk?....your hate towards Trump shows for true colors.
Imagine if a Conservative Supreme Court Justice said in public that Hillary is a liar and corrupt and there is something that smells over the Clinton Foundation and that the Department of Justice should have indicted Hillary on criminal charges.....would the media and democrats be o.k with that?........
Of course not. But, according to one poster, Ginsburg was just giving her opinion, which is her job.
I also don't like Trump. I also won't vote for him (or Clinton). I do, however, absolutely despise Martin O'Malley.
I don't know. Aren't SCOTUS Justices there to provide their opinions...?
Jeez. You can't possibly believe what you typed.
They are there to render judgment and definitely not to flap their gums about politics. They are NOT elected. Ruthie, you old crone, just sit down and shut the holy hell up.
Of course not. But, according to one poster, Ginsburg was just giving her opinion, which is her job.
I also don't like Trump. I also won't vote for him (or Clinton). I do, however, absolutely despise Martin O'Malley.
Her job is to give her opinions on cases brought to the S.C. based on facts and argument.
Her job is not to turn the S.C. into an arm of the DNC and a PRO Hillary campaign.......she sounded like the bimbos from The View.
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