Out of order: Who will keep the Supreme Court accountable if it won’t police itself?
The controversy over Justice Samuel Alito flying the American flag upside-down — an apparent nod to Donald Trump’s “Stop the Steal” campaign — in the days after the January 6th Capitol attack would be outrageous if it were not just yet another example of Supreme Court justices behaving badly, ignoring rules designed to ensure that judges decide the cases before them fairly and impartially.
Of course, genuine impartiality is immensely important to litigants appearing before the court. But ensuring the appearance of impartiality is even more critical.
The Supreme Court is the College of Cardinals, the high priesthood of American democracy. And like any priesthood, the court’s authority is entirely moral. Once the court loses that authority, once its decisions begin being perceived as merely political, the court will no longer be unquestioningly obeyed and it will lose its ability to settle controversial cases.
That’s why the spate of allegations involving Justices Alito and Clarence Thomas are so disturbing. Perhaps it’s perfectly possible to accept free Winnebagos and luxury trips without it actually influencing your interpretation of obscure federal statutes, but that’s hardly the point.
In order to function as the ultimate backstop for the rule of law, Supreme Court justices must be like “Caesar’s........
© The Hill
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