Senator Sheldon Whitehouse thinks reform of what he calls the “captured court” starts with Chief Justice John Roberts.
. Scalia was surrounded by gun advocates and fossil-fuel types on his trips. I think this has been a real avenue of influence, and to shut it down is important, and I think to send the message to the rest of the judiciary, “Hey, these guys need to behave the way you all do,” is also reassuring.
The second point is on scruples. I’ve done a lot of work on the partisan cases that have delivered big wins for right-wing interests.
They might be, but on the other hand, if you’re ideologically in the tank but you’re not in tune with the latest and greatest in right-wing ideology, and if you’re not entirely clear on what the best way to make a given decision comport with that right-wing ideology is, you can get a little bit sloppy about your task.
It wouldn’t be hard to put a group together who could do a proper investigation and come up with a proper report for the chief justice and the world to see. There’s a code-of-conduct committee that you could send the report to and say, “Hey, would this comport with your view of judicial ethics as it’s applied elsewhere in the federal judiciary?” And while that decision might not bind the court, it would certainly rebuke it and steer it back into back out of harm’s way.
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