Don’t Waste Ink on a Code of Ethics for Justice Thomas*
Since the seventeenth century, a fundamental axiom of Anglo-American law has been that ‘no man shall be a judge in his own case.’ In matters of judicial ethics, conflicts of interest, and compromise, however, each justice on the U.S. Supreme Court is just that. Unlike every other federal judge in the country, Supreme Court justices are bound by no code of ethics except, of course, their own values, sense of right and wrong, and personal integrity.
Chief Justice John Roberts assures a country, whose confidence and trust in the high court’s independence and fidelity to the Constitution is dwindling, that the Supreme Court is not compromised by political partisanship or conflicts of interest. The justices are so above the fray, they needn’t be told what to do or how to behave, and their responsibilities so monumental and above the rest of our paygrade, we needn’t worry ourselves over such petty concerns.
What does it say about his/her own values, sense of right and wrong, and personal integrity — not to mention common sense and judgment — when a justice engages in conduct in private which, if discovered or properly disclosed under federal law, would signal that justice’s independence is, or may be, compromised?
And the failure to disclose, regardless of whether it’s in violation of federal law, of…