This proposal raises several significant issues. Firstly, it would grant a future chief justice excessive power over their colleagues, which could potentially be misused by a malevolent chief justice. By handpicking lower court judges who would judge the justices, the chief justice could influence the outcomes of cases. Manipulating an unruly colleague could be as simple as stacking the ethics panel with individuals who are against them. While we would like to believe that no judge would abuse this authority, the reality is that checks and balances are necessary to prevent misconduct.
Now, consider the current problem of confidential information leaks within the Court. Recently, the New York Times published an exposé on the Supreme Court term, revealing internal memos and deliberations. While it is unclear who leaked this sensitive information, the leaks appear to be aimed at undermining Chief Justice John Roberts and the Court’s majority in key decisions. Ethical guidelines strictly prohibit politically motivated leaks of confidential judicial discussions. Canon 4(D)(5) explicitly states that judges should not disclose nonpublic information acquired in their role for personal gain. It is essential to address this ethical breach and hold those responsible accountable.
One must also consider how the proposed ethics panel would handle such ethical violations within the Court. If confidential information was leaked, would the panel investigate? Would they have the authority to compel cooperation from Court staff and justices? How would they enforce their decisions? These are critical questions that need to be answered before implementing such a system.
Moreover, the enforcement mechanism of the ethics panel raises concerns. Allowing lower court judges to influence the recusal of Supreme Court justices could lead to significant consequences, potentially altering the outcome of crucial cases. Suspending justices could further disrupt the Court’s composition, disregarding established procedures for appointing and confirming justices.
