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The nine justices also stated, “No [improper] appearance will be created when a Justice speaks before … a nonprofit group that does not regularly engage in advocacy or lobbying about issues … that come before the Court.” Though the Federalist Society and the Supreme Court Historical Society are technically nonprofit and do not as organizations engage in advocacy and lobbying about issues before the Supreme Court, many of the corporations and dark money donors supporting them do. Both societies conduct numerous events where these corporations and members have direct access to the justices.
Indeed, the conservative justices largely owe their appointments to Federalist Society advocacy and lobbying. Further, would Chief Justice John G. Roberts Jr.’s resignation as honorary chairman of the Supreme Court Historical Society indicate an admission of guilt or be an act of leadership and integrity?
Chief Justice John G. Roberts Jr.’s separation of powers argument to evade Congress’s ethical concerns is no more convincing than his states’ rights arguments to deny civil rights protections. Both pretend the Constitution exists in a hermetically sealed chamber.
Preservation of the Constitution’s spirit and of the court’s supremacy demand daylight and engagement. The Founders’ vision depends on mutual oversight among the branches of government and on equality before the law for all citizens. To protect this trust, Congress must help the court save itself from the dodgy dealings of its conservative majority.
Sen. Angus King (I-Maine) introduced a bill requiring the court to write a code of conduct. It’s a first step. The next should be cameras in the courts. Disclosure and access could distance justices from special interests. This might give the rest of us a chance at an independent judiciary serving equal rights.
Annlinn Kruger, Bar Harbor, Maine
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