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Are members of the Supreme Court above the law? (Original Post) samsingh Sep 2022 OP
It would seem so. Walleye Sep 2022 #1
The problem is... Effete Snob Sep 2022 #2
Yes enough Sep 2022 #3
I have always thought it wrong that the SC doesn't have to abide Nictuku Sep 2022 #4
They are the law. Irish_Dem Sep 2022 #5
When push comes to shove ... Xoan Sep 2022 #6
 

Effete Snob

(8,387 posts)
2. The problem is...
Tue Sep 27, 2022, 07:29 PM
Sep 2022

…any legal issue involving them is ultimately decided by them.

It’s not that they are “above the law”, but there is no one above them in the law.

In your employee/corporation thing, whom would you suggest should have the power of the employer?

One answer is Congress, which can impeach a justice. That ultimately comes down to whether you have 2/3 of the senate willing to convict any justice of anything, which there is not.

Nictuku

(3,614 posts)
4. I have always thought it wrong that the SC doesn't have to abide
Tue Sep 27, 2022, 07:51 PM
Sep 2022

I have always thought it wrong that the Supreme Court doesn't have to abide by the canons of conduct that ALL the rest of the Federal Judiciary must adhere to.

https://www.uscourts.gov/sites/default/files/guide-vol02a-ch03.pdf

As a Federal Judiciary employee, I wasn't 'allowed' to make any kind of public partisan statements (including 'likes' on facebook, and they did have people checking our facebook accounts), nor make campaign contributions or have political signs on my lawn. And while I felt like my 'freedom of speech' rights were somewhat infringed, I totally supported the need for the Federal Judiciary to always remain non-partisan. I still do. But I think the Supreme Court should have to abide by the same rules that the Article III Judges had to adhere to.

Federal Judges Code of Conduct: https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-2-ethics-and-judicial-conduct/part-codes-conduct/ch-2-code-conduct-united-states-judges

Federal Public Defenders Code of Conduct: https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-2-ethics-and-judicial-conduct/part-codes-conduct/ch-4-code-conduct-federal-public-defender-employees

Apparently the Supreme Court has their own rules that they developed for themselves (which I have not seen). There is no published code of ethics or conduct that I could find for the Supreme Court.

So it doesn't answer the question about 'above the law', because these codes of conduct are not 'law' exactly, but it gives the ruling body of the courts a baseline for taking action when someone does not comply with the canons.

But there are none for the Supreme Court. (or their wives)

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