this post was submitted on 18 May 2024
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Legal experts say its time for the Supreme Court's ethics code to grow some teeth

Legal experts are lamenting the lack of an enforceable judicial ethics code, with some calling for Supreme Court Justice Samuel Alito's recusal, following a New York Times report that a symbol of the “Stop the Steal” movement to reject the 2020 election was flown outside Alito’s home in the wake of the Jan. 6 insurrection at the U.S. Capitol.

Ten leading legal experts told Salon Friday that the conduct — the flying of an upside-down flag, a known symbol of the movement to overturn the results of the 2020 presidential election, at a justice's home — appears to violate the Supreme Court's own ethics code, adopted last last year, by creating an appearance of bias.

Those experts said it’s far past time for the nine justices who enjoy lifetime appointments to hold themselves to the highest ethical standards. But, they noted, the Supreme Court has shown itself reluctant to do so.

"The situation is out of control," Richard Painter, a former White House ethics lawyer under President George W. Bush who worked with Justice Alito on his 2006 Senate confirmation, told Salon. "This is after the insurrection, so it's really him weighing in, getting involved publicly in a dispute over the insurrection."

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[–] [email protected] 155 points 5 months ago (3 children)

Every judge appointed by the orange sandwich is illegitimate and needs to be removed

[–] [email protected] 44 points 5 months ago (3 children)

Unfortunately, that’s extremely unlikely. The last Supreme Court Justice to be impeached was Samuel Chase in 1805. He was acquitted and continued to serve until his death.

They remain seated until they choose to step down or die. The average Justice serves for 16 years, but have served for as long as 34 years. Trump fucked a generation in one term.

[–] [email protected] 6 points 5 months ago (2 children)
[–] [email protected] 15 points 5 months ago (1 children)

Yes, but the political blowback from both parties would likely not be worth it. Especially because Republicans would immediately add double the amount Biden would, and it would very likely quickly grow into full bore shenanigans.

[–] [email protected] 23 points 5 months ago (1 children)

We can't fight back ever because the other side might fight back even more. So let's just capituate now. Story of Democrats my entire life. At best.

[–] [email protected] 3 points 5 months ago

I’ve been convinced we were verging on a civil conflict of some kind for quite a while and terrified of the potential outcomes of that conflict, but I reached a point recently where I’m increasingly afraid that the consequences might actually be worse if there isn’t one. Our current system wasn’t designed to get major overhauls, we were supposed to make incremental changes to it as we went along but that hasn’t happened in 50 years

[–] [email protected] 7 points 5 months ago* (last edited 5 months ago) (1 children)

Expand what? The Supreme Court? That requires congressional action. It’s happened several times before.

https://constitution.congress.gov/browse/essay/artIII-S1-8-3/ALDE_00013559/

[–] [email protected] 3 points 5 months ago

Expand what?

Alito's O-ring.

[–] [email protected] 3 points 5 months ago

It's like they don't realize that having non-violent ways of affecting change are important because otherwise people will turn to violent ways after a certain point.

[–] [email protected] 34 points 5 months ago* (last edited 5 months ago) (2 children)

Same goes for the other ones to be nominated by a president who lost the vote for president (Alito and Roberts), and the other likely sex offender whose victim(s) never got a fair hearing or investigation, Clarence Brown.

[–] [email protected] 31 points 5 months ago (1 children)

Clarence Brown.

Clarence Thomas, as in uncle Tom.

[–] [email protected] 17 points 5 months ago

That's the one, yeah. The one who said that there's no loss of dignity inherent to slavery.

[–] [email protected] 1 points 5 months ago (1 children)

I…what? Do you mean lost the popular vote?

[–] [email protected] -3 points 5 months ago (1 children)

Yes. That's how democracy is supposed to work: the candidate whom the most people want to win, wins.

[–] [email protected] 3 points 5 months ago (1 children)

But that’s not how our system is setup. If you have a problem, talk or do something about the electoral college. But to pretend legally and legitimately elected presidents who won within the rules of the system as were defined at the time of their running are somehow illegitimate is some wonky revisionist history.

[–] [email protected] -3 points 5 months ago* (last edited 5 months ago) (1 children)

Nah, you're only legitimate if the people chose you.

If you were installed by an archaic system from the 1700s designed to give empty land as much of a say as actual humans, even though the people preferred your opponent, then you're not legitimate.

Supreme executive power derives from a mandate from the masses, not from some farcical rural tradition.

[–] [email protected] 2 points 5 months ago (1 children)

And yet, you’re wrong aren’t you?

[–] [email protected] -1 points 5 months ago (1 children)

Nope. I just don't automatically consider the system infallible and correct.

Legitimate presidents get elected, not appointed via an antidemocratic mechanism that hasn't been excised because too many rich and powerful people benefit from it.

[–] [email protected] 2 points 5 months ago (1 children)
[–] [email protected] -1 points 5 months ago (1 children)

Not legitimately, no. Your comprehension seems lacking.

[–] [email protected] 1 points 5 months ago (1 children)

I’m comprehension is fine. Your understanding of how presidents are elected in this country seems lacking.

[–] [email protected] 0 points 5 months ago (1 children)

I’m comprehension is fine.

The irony 😄

Your understanding of how presidents are elected in this country seems lacking.

I understand just fine. Knowing how the system works and agreeing with it are two separate things.

Just because the president isn't selected by popular vote doesn't mean that the legitimacy of a president selected after losing the popular vote isn't suspect as best.

If a beer drinking contest was the decider rather than the electoral college, would you still say that President Dale would be the legitimate president for drinking Biden and Trump under the table after receiving 4 write-in votes?

[–] [email protected] 0 points 5 months ago

Lulz. 😂

Anyway, I’m not an advocate for the EC, I think the winner should be the winner of the popular vote. But that’s not the system we have. You can’t say The Chiefs aren’t legitimate SB champs because you don’t agree with some rule in place. That’s just not how it works. I mean, you can, but no one is going to take you seriously.

If you have an issue with the EC, talk about that. But to say every president elected by the EC and not popular vote is illegitimate is just nonsense.

[–] [email protected] 10 points 5 months ago (1 children)

I’m as anti Trump as anyone, but I have some bad news for you - he was legitimately voted into office as the President and his appointments are therefore legitimate.

What McConnell did in blocking Obama’s appointment should be criminal. That BS needs to change.

[–] [email protected] 4 points 5 months ago (3 children)

he was legitimately voted into office as the President

...by the electoral college. Remember, he lost the popular vote.

[–] [email protected] 4 points 5 months ago

Which is, unfortunately, how we elect the president in this country. He won.

[–] [email protected] 0 points 5 months ago

People keeping saying this like it means he didn't win.

He won the game according to the games rules.

The games rules being unfair is a completely separate conversation