Supreme Court Justice Elena Kagan has proposed a method to enforce the recently implemented ethics code for the nation's highest court.
Speaking at the New York University School of Law, Kagan suggested creating a panel of lower court judges to evaluate ethics violation claims against Supreme Court justices, according to NBC News.
The Supreme Court issued a new ethics code last year in response to pressure over alleged ethics violations, primarily involving conservative Justices Clarence Thomas and Samuel Alito. However, the code was immediately criticized for lacking an enforcement mechanism. Kagan's proposal aims to address this concern by establishing a panel appointed by Chief Justice John Roberts to handle allegations against the justices.
Kagan emphasized that the proposed panel of lower court judges could effectively manage ethics violation claims against Supreme Court justices. She believes this approach would help ensure compliance with the code of conduct and boost public confidence in the court's ethical standards.
The liberal justice argued that the panel could quickly dismiss baseless allegations while thoroughly examining those with merit. Kagan stated:
It seems like a good idea in terms of ensuring that we comply with our own code of conduct going forward in the future. It seems like a good idea in terms of ensuring that people have confidence that we're doing exactly that.
Addressing concerns that the panel might lead to an increase in unfounded accusations, Kagan pointed out that many allegations against justices already go unresolved. She believes the panel could effectively "sort the wheat from the chaff" by swiftly dismissing frivolous claims.
Critics of Kagan's proposal have raised concerns about the potential for a flood of baseless claims and the possibility that lower court judges might be too deferential to Supreme Court justices. However, Kagan dismissed these worries in her remarks at NYU.
Regarding the fear of increased unfounded charges, Kagan noted that such accusations are already prevalent. She expressed confidence that the panel could efficiently handle and dismiss frivolous allegations without exacerbating the issue.
As for concerns about lower court judges being too deferential, Kagan asserted that these judges "are not so afraid of us" as some might assume. She expressed confidence in the ability of judges across the country to approach this task fairly and seriously.
While Kagan's proposal has garnered attention, it remains unclear whether her Supreme Court colleagues support the idea. Kagan emphasized that she was speaking only for herself and not referring to any potential congressional action on the matter.
Another liberal justice, Ketanji Brown Jackson, recently expressed openness to an enforceable ethics code but stopped short of endorsing a specific plan. The ultimate fate of Kagan's proposal will likely depend on the support it receives from other justices and potential legislative action.
Justice Elena Kagan has proposed creating a panel of lower court judges to enforce the Supreme Court's new ethics code. This panel, appointed by Chief Justice John Roberts, would evaluate ethics violation claims against Supreme Court justices, dismissing baseless allegations while thoroughly examining credible ones.
Kagan believes this approach would ensure compliance with ethical standards and boost public confidence in the court. While the proposal has garnered attention, its future depends on support from other justices and potential legislative action.
