skews13
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- Mar 18, 2017
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The Supreme Court’s absolute and unwavering certainty in the sanctity of its own norms and protocols has now blown up in its face in ways that may damage the institution for years if not decades.
Most Americans, we suspect, assume that there is some procedure to enforce both internal rules and federal laws within SCOTUS. There is not. If a justice commits an ethical breach, including a violation of the federal law mandating impartiality, there is literally no recourse (short of impeachment). There is no way to force a recusal; that decision lies with individual justices. If an employee witnesses malfeasance, there is no mechanism to report it—no tip line, no whistleblower protection, no chain of command to ensure that the matter is investigated. If that employee dares to disclose it anyway, they can be fired with impunity, as can other staff who experience discrimination or retaliation.
The court sets its own standards then prevents anyone, inside or outside the institution, from ensuring that they are followed. It is not subject to FOIA or any other public records laws, and the justices have complete control over the fate of their private papers. (Some choose to destroy them after retirement.) The institution is a black box designed to preempt any possibility of transparency or accountability.
The court itself is a sham.
Most Americans, we suspect, assume that there is some procedure to enforce both internal rules and federal laws within SCOTUS. There is not. If a justice commits an ethical breach, including a violation of the federal law mandating impartiality, there is literally no recourse (short of impeachment). There is no way to force a recusal; that decision lies with individual justices. If an employee witnesses malfeasance, there is no mechanism to report it—no tip line, no whistleblower protection, no chain of command to ensure that the matter is investigated. If that employee dares to disclose it anyway, they can be fired with impunity, as can other staff who experience discrimination or retaliation.
The court sets its own standards then prevents anyone, inside or outside the institution, from ensuring that they are followed. It is not subject to FOIA or any other public records laws, and the justices have complete control over the fate of their private papers. (Some choose to destroy them after retirement.) The institution is a black box designed to preempt any possibility of transparency or accountability.
Why the Supreme Court’s Leak Investigation Is a Sham
The institution's certainty in the sanctity of its own norms is blowing up in its face.
slate.com
The court itself is a sham.