'Only in a studiously depoliticized atmosphere can a chief justice’s Senate testimony do more good than harm. Done well, though, it certainly could do a lot of good. Hear ye, hear ye.' -QuinHillyer
to be more transparent. He is making moves to amend his reports, which is good, and probably all that is necessary. Still, the Senate’s job is not to make Roberts answer for Thomas. The Senate’s job — and it absolutelyan appropriate task — is to more broadly protect the integrity of the United States government by insisting on the integrity of its judges and of the highest court in the land.bound by the Code of Conduct for U.S. Judgesin the federal system.
Most evidently, that absence of a more formal code does leave openings for unpunishable corruption, while leaving gray areas that are legitimately confusing to the justices themselves. It also leaves room for public distrust of the court to grow, as is surely happening because of Thomas’ own oversights and the breathless media fulminations against him.
The code should not be filled with petty, niggling regulations meant as political snares against targeted justices. It should not be a cudgel to be used against specific outside organizations. It should not deter judges from making speeches or attending legitimate legal forums. The code should be spare and simple, and unambiguous. And it should be designed so that it in no way infringes upon the necessary independence of the Supreme Court from outside political pressures or skullduggery.
First, just the act of preparing testimony would take him away from the high court’s main focus during its busiest time of the year. Second, the potential for senators to look like they are berating the head of a fiercely and rightly independent branch of government, even as that branch attempts to administer impartial justice according to the Constitution and laws, would be detrimental to the constitutional system.
Only in a studiously depoliticized atmosphere can a chief justice’s Senate testimony do more good than harm. Done well, though, it certainly could do a lot of good. Hear ye, hear ye.
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