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Who Holds Supreme Court Justices Accountable?

Strict Scrutiny

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We need to talk about ethics reform.
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In the fifth and final installment of our Hot Supreme Court Reform series, Kate speaks with Gabe Roth, executive director of Fix the Court. What would a meaningful and enforceable set of ethics rules look like for the Supreme Court justices? Why isn’t there an Inspector General for the judiciary? How are there no real rules around recusals? Roth makes the case for these nonpartisan reforms and more.

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Hosted by three badass constitutional law professors– Leah Litman, Kate Shaw, and Melissa Murray– Strict Scrutiny provides in-depth, accessible, and irreverent analysis of the Supreme Court and its cases, culture, and personalities. Each week, Leah, Kate, and Melissa break down the latest headlines and biggest legal questions facing our country, emphasizing what it all means for our daily lives.

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20 Comments

@brianruppert1071 5 days ago

Gabe Roth, you're doing extremely important work, for which we are all grateful!! It's SO important.

@M.Watson-3 5 days ago

Thank you Strict Scrutiny & team! Thank you Gabe Roth!

@tcjpn 2 days ago

Thanks for the deep analyses.

@ken-ibel 5 days ago

Essentially we have 9 KINGS in America! This corrupt court needs to be reformed!

@WaltNCC 5 days ago (edited)

On ethics, Congress can pass ethics guidance, sanction SCOTUS judges, and then use those sanction records to impeach severe offenders. Anything more will get rejected by SCOTUS.

NOTE: Congress should first pass their own ethics so they cannot get rich while in or soon after leaving office.

@KateColors 5 days ago

Reform, yes. ❤

@rcanoli99 5 days ago

Absolutely must get SCOTUS reform through Congress ASAP ... which means it's up to us to CALL our reps and demand they support term limits, expansion etc.

@cate1972 5 days ago

If they can take away our rights retrospectively we can reduce their terms retrospectively

@TheCivilStranger 5 days ago

If you can choose when and where the rules apply to you....then you function under no real rules.

@SheliaDoney 4 days ago

Should the US expand the court and pass reform laws together or which one first? I want to see both🙏🏽🇺🇸

@Howzit808 5 days ago

The shadow docket is the sketchiest thing going now

@markslaymaker5196 1 day ago

OK, I was interested but... That 2plus minute ad was HIGHLY irritating. No SKIP option?

@ozadv 5 days ago

As an Oz lawyer I am continually aghast at the US partisanship on your courts, especially SCOTUS - they really are unrepresentative.
Pack the Court!

@spatscannon 5 days ago

"The strong do what they can and the weak suffer what they must." -- Thucydides' History of the Peloponnesian War
We have gone so little...

@trevinbeattie4888 5 days ago

It occurs to me that we may not need to rely solely on impeachment and removal by Congress to strip justices of their title. The Constitution does not explicitly say that they hold their office for life, but rather “during good Behaviour”. I think Congress could just draw up legislation which lays out violations of the Judicial Code of Ethics which revoke their “good behavior” status, and establish an independent watchdog agency to investigate and prosecute such violations, with the stipulation of course that accused judges cannot sit on any court that they appeal to.

@AdamPostSpeaks 5 days ago

Who holds over 700 federal judges accountable, especially those with their own aggressive, political ideologies?

@lagautmd 5 days ago

True and True... but, Congress passes law, President signs and the court rules it unconstitutional.

@BBigg-kh7pz 5 days ago

You can also investigate and if warranted impeach them in 2029. Kavanaugh was accused of SA, Alito and Thomas have been shown to take bribes or at the very least gifts and failed to recuse themselves in cases that are of benefit to their benefactors. This isn't partisan, these acts are high crimes and misdemeanors and are absolutely disqualifying for a Supreme Court Justice. The groundwork can begin mid to late 2027, brought to attention and discussed in 2028 and ready for 2029. The court has to be expanded. It was packed 2016-2020, through deceptive means and on partisan grounds. Anything less proves you're not paying attention or your motives should be questioned. We're past maintaining norms, there are zero norms left to maintain.

@Uriel238 3 days ago

The more that I hear about how the US Supreme Court has carved out its own position of unchecked power, the more it appears we need to abolish judicial review. Just abolish it. If we want to reconsider it later with some narrowly defining restrictions, we can, but this court has, time and time again, shown it's willing to veto with no actual consideration of the plain language reading of the Constitution of the United States. SCOTUS is a rogue institution with unchecked power, and we can either have that, or have democracy. We can't have both.