Whats So Hard About Regulating Supreme Court Justices Ethics? – A Lot, Russell Wheeler, Visiting Fellow, Governance Studies, The Brookings Institution
“The Supreme Courts decision to hear a challenge to the health care law is renewing calls for recusal, described here and here and here. Some, mainly Democrats, charge that Justice Thomas (and his wife) have been too close to some of the laws strongest critics. Others, mainly Republicans, charge that as solicitor general Justice Kagan may have had even a limited role as the administration crafted the laws defense. There are no signs that either justice will sit out the case. These recusal demands are mostly tactics to try to influence who decides the case or delegitimize the decision, but they reflect a growing debate over whether the justices ethics need more regulation to avoid conflicts of interest, or their appearance. With Gallup reporting the Courts approval rating at 46 percent, second lowest since 2000, its a debate worth having.”
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