LETTER TO THE EDITOR / THE SUPREMES

By Roger C. Kostmayer

In America, the highest judges have the lowest ethics requirements.  Those 9 justices have also rendered some of the worst judgements in our history.  Why does the Supreme Court (SC) refuse to  subject themselves to a reasonable and enforceable ethics code similar to that with which every other federal judge must comply?  Based on the outrageous behavior of Justices Thomas (and his wife) and Alito by receiving what appears to be hundreds of thousands of dollars in luxury trips and other benefits from right wing billionaires who have issues before the SC – the court’s answer isn’t their perfect ethics and lack of conflicts of interest.

The public has lost respect for the SC, a loss of what is essential in our democracy, because of these ethical violations, the lies some SC nominees give to Senators to gain their appointment, and for the SC’s ignoring 50 years of settled law and precedent that protected women’s privacy and control of their own healthcare.  Many recent SC opinions have been partisan and religious right driven in ways that violate the public interest and our democratic values.  In America today, abortion is  healthcare, freedom and an economic issue.

Solutions to this unacceptable condition are few, politically difficult and take a lot of time – like voting.  But several times in our history we have changed the number of SC justices, and it may be time for another constructive solution – like increasing the number of SC justices to 13, a majority of whom would be highly qualified, principled and non-partisan.

US Rep. Jamie Raskin (Md.), a constitutional scholar, believes that the SC is in danger caused by conservative and political appointments, bad decisions and increasing corruption.  The solution, in his and my opinion, is to have a majority of good justices.  Rep. Raskin is co-sponsor of the JUDICIARY ACT of 2023 which enables this solution – when or if voters install a majority of thoughtful senators and US representatives who will make this Bill the law.

Meanwhile, it is likely that the Senate and the public will force the SC to comply with a reasonable and enforceable ethics code in the near future.

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