The New York Times posted a must-read editorial highlighting activities by Supreme Court justices, that, particularly in light of the Court’s recent 5-4 decisions favoring corporate special interests over the rights of individuals, create a compelling case for an ethical code of conduct for Supreme Court Justices.
Justices Antonin Scalia and Samuel Alito Jr., for example, appeared at political events. That kind of activity makes it less likely that the court’s decisions will be accepted as nonpartisan judgments. Part of the problem is that the justices are not bound by an ethics code. At the very least, the court should make itself subject to the code of conduct that applies to the rest of the federal judiciary.
So many of the Supreme Court’s decisions this term have worked in favor of powerful corporate interests that it’s becoming almost impossible to ignore the ideological biases of the justices. The editorial discusses some of these worrisome rulings, including making it harder “for private lawsuits to succeed against mutual fund malefactors, even when they have admitted to lying and cheating,” and making it “more difficult for class-action suits in all manner of cases to move forward.” in the recent Wal-Mart case.
The federal judiciary was set up to put space between the legal system and political sphere, but it seems more and more that some justices have brought an intense ideological agenda to the bench. If the American people are to trust in the impartiality of the Supreme Court, its justices are going to have to be held to the very highest of ethical standards.
The Constitutional Accountability Center has just released a statistical study of the current Supreme Court’s pro-corporate voting patterns. And guess what? The numbers back the trend that’s anecdotally hard to miss.
CAC’s statistical study tests empirically the idea that the conservatives on the Roberts Court tend to side with corporate interests. Our study examined every opinion released by the Roberts Court since Justice Samuel Alito began participating in decisions, and in which the U.S. Chamber of Commerce was either a party or an amicus curiae — a universe of 53 cases. This study reveals an overall success rate for the Chamber of 64% (34 victories in 53 cases), and a success rate of 71% in cases decided by a narrow (five-Justice) majority. The Court’s conservatives (Chief Justice Roberts and Justices Antonin Scalia, Samuel Alito, Clarence Thomas, and Anthony Kennedy) tend to vote together in their support for the Chamber, while the Court’s moderate/liberal bloc (including former Justice David Souter, who was on the Court for most of these rulings) was more centrist, casting only 41% of its votes in favor of the Chamber.
These data strongly support the proposition that there is a strong ideological component to the Justices’ rulings in business cases, with the Court’s conservatives frequently adopting the Chamber’s position. In one particularly startling finding, Justice Alito, since joining the Court, has never cast a vote against the Chamber of Commerce’s position in a closely divided case. This statistical evidence supports the charge by President Obama and Chairman Leahy that the Court’s conservative majority has a disturbing pro-corporate tilt, and this reality should provide an important frame for General Kagan’s upcoming confirmation hearing.
Don’t say he didn’t warn you. Sen. Jeff Sessions has taken issue with several of President Obama’s criteria for picking a Supreme Court nominee, but he’s especially concerned about the stipulation that the new justice have a “keen understanding of how the law affects the daily lives of the American people.”
That priority, Sessions warned ABC News this week, is “dangerous.”
One has to wonder if Sessions was similarly terrified in 2006, when in his confirmation hearings before Sessions’ committee, now-Justice Samuel Alito made an eloquent speech about his ability to identify with the concerns of immigrants, children, victims of discrimination, and people with disabilities.
But if he sees out-of-touch as the most desirable quality in a Supreme Court justice, Sessions may have found his ideal Justice in John G. Roberts. Roberts has already reassured us that he missed the Internet age entirely. And on Monday, the Chief Justice showed us his lack of concern for low-wage laborers when he belittled the situation of workers forced to sign bad contracts as “economic inequality or whatever.”
If Sessions is looking for a Supreme Court that disregards the lives of ordinary Americans, he’s got it. But maybe it wouldn’t be so dangerous for our newest Justice to understand the difference between “economic inequality” and “whatever.”
If you watched the State of the Union last week, you probably saw Justice Samuel Alito take exception to President Obama's entirely accurate characterization of the Supreme Court's decision in Citizens United v. FEC.
Some people were outraged by Justice Alito's lack of decorum, but not E. J. Dionne in the Washington Post.
Alito did not like the president making an issue of the court's truly radical intervention in politics. I disagree with Alito on the law and the policy, but I have no problem with his personal expression of displeasure.
On the contrary, I salute him because his candid response brought home to the country how high the stakes are in the battle over the conservative activism of Chief Justice John Roberts's court.
Hopefully, Justice Alito's actions at the State of the Union will help feed the conversation about the damage done by the Court's decision in Citizens United and what can be done to fix it.
From Ryan Grim via The Huffington Post:
Sen. Patrick Leahy (D-Vt.) lashed into Supreme Court Justice Samuel Alito on Thursday morning on the Senate floor, calling out the swing vote who overturned a hundred years of precedent to legalize deep corporate involvement in elections.
Leahy said that, in 36 years in the Senate he had never come to the floor to criticize a court decision, but was moved to do so by the activist nature of last week's 5-4 ruling in the Citizens United case.
He personally attacked Alito, noting that his confirmation testimony was under oath, yet was proven false by his brazen and radical dismissal of a century of precedent.
(It's worth it!)
At a town hall meeting last week, John McCain appeared to pledge in earnest to fight discrimination and, if necessary, take offenders to court:
But it was McCain who sided with corporate lobbyists earlier this year and opposed the Lilly Ledbetter Fair Pay Act. Why, you might ask? He claimed “it would lead to more lawsuits.”
Later, at a different town hall meeting, he told a 14-year-old girl that the Fair Pay Act wouldn’t help anyone but “trial lawyers and others in that profession.”
What’s worse, McCain has helped confirm hundreds of right-wing federal judges to the very courts that he claims he would use to fight discrimination. The problem is, those judges – including Chief Justice John Roberts and Justice Samuel Alito – have consistently whittled away at Americans’ protections against discrimination. And they’ve made it increasingly difficult for those Americans’ who do suffer discrimination to win just compensation.
The Ledbetter Fair Pay Act, for instance, was created to undo the damage done by the Supreme Court in the Ledbetter ruling, which made it easier for companies to get away with pay discrimination. McCain not only endorsed the ruling, but he has vowed to nominate more judges like the ruling’s author – Justice Samuel Alito.
If McCain wanted to try some real straight talk for a change, he’d simply tell the women of America that under a McCain administration, they’d be on their own.
As George Orwell might put it, all Supreme Court decisions are important, but some are more important than others. And in the history of our country, there can be little doubt that one of the Court’s most important decisions was its unanimous ruling in Brown v. Board of Education of Topeka, decided 54 years ago this May 17th. Overturning the shameful “separate but equal” doctrine of Plessy v. Ferguson and striking down school segregation laws, the ruling in Brown gave substance to the Constitution’s promise of equality for all. Without question, May 17, 1954 saw the Supreme Court, led by Chief Justice Earl Warren, at its very best.
Individual Rights, Access to Justice Threatened
President Bush's final State of the Union address will in part be an effort to shape the public view of his presidency. But here's something he won't say: a long-lasting part of his legacy will be the weakening of Americans' rights and legal protections due to the dangerous state of the federal judiciary created by judges he has placed on the federal bench.
January 22, 2008 is the 35th anniversary of Roe v. Wade, the Supreme Court decision recognizing that a woman’s constitutional right to privacy includes the right to choose to end a pregnancy. Without question, Roe is one of the leading examples, and certainly one of the most famous, of the Court’s vital role in protecting Americans’ individual rights and freedoms.