Last night on Rachel Maddow, I discussed the controversy over Supreme Court justices attending political fundraisers. Specifically, Justices Scalia, Thomas, and Alito have been criticized for their participation in such events. Most recently, Justice Samuel Alito was identified by Think Progress at a fundraiser for American Spectator. Alito reportedly said that “it’s not important” that he attends such events. I disagree.
Alito has previously attended Spectator dinner and actually was a headliner in 2008 at a dinner used to raise money for the conservative magazine. He has also previously headlined at the fundraising dinner for the Intercollegiate Studies Institute (ISI). Justice Scalia and Thomas have also been criticized for attending fundraisers organized by conservative oil billionaires David and Charles Koch.
I have long criticized the new model of justices represented by Scalia, Thomas and others. I prefer the model of John Paul Stevens who followed the traditional approach of avoiding public speeches except for a narrow category of law schools and circuit speeches. In a prior column, I criticized Scalia for his past speeches at conservative organizations. I feel the same way about liberal justices like Justice Ginsburg appearing in such politically charged events. However, I am unaware of Ginsburg participating in fundraisers like this one.
The problem of jurists giving politically charged remarks is growing. It is not just justices. In 2004, Judge Guido Calabresi (who I have tremendous respect for as an academic and a judge) was criticized his remarks about George Bush at the American Constitutional Society.
There are no ethical rules preventing justices from participating in ideological events, including seminars. However, the Judicial Code of Conduct does state “a judge should not personally participate in fund-raising activities, solicit funds for any organization, or use or permit the use of the prestige of judicial office for that purpose. A judge should not personally participate in membership solicitation if the solicitation might reasonably be perceived as coercive or is essentially a fund-raising mechanism.” It appears that, while these justices did not personally fundraise, they did attend events to raise money for these politically active organizations. In that sense, I view some of these events as crossing the line. It is not, as has been suggested by some, enough for impeachment.
This is the type of violation that is usually resolved by the Chief Justice or Chief Judge in having a stern conversation with the individual. For Alito, one would think he would be loathe to be seen at such events after his poor performance during the Obama State of the Union. Yet, Chief Justice John Roberts not only did not appear to disapprove of this conduct, he appeared to defend it. What is clear is that Roberts is not carrying out his responsibility to protect the integrity of the Court by discouraging such entanglement with political organizations or fundraisers.
What I am most concerned about is the disregard shown in these appearances for the traditional model of justices avoiding the appearance of political advocacy and involvement. In my view, it certainly violates the spirit of the ethical rules and undermines the integrity of the institution.
The federal judiciary is more right-wing than at any time since the “Great” Depression of the 30’s.
http://blogdredd.blogspot.com/2010/09/gop-conspiracy-to-t-bag-federal-courts.html
“Great”, “Depression”, and right-wing go hand in hand, because many are suffering “great” depression since their near decade 2000-2008 of decadence, begun by 5 votes on the Supreme Court in Bush v Gore.
They aren’t even pacing themselves now.
Even the corruption of the financial realm is now pulsating with a lack of accountability from the DOJ, which seems to be afraid of the right-wing.
http://blogdredd.blogspot.com/2010/11/morph-tarp-meme-trap-meme.html
All this will not end well.
I have absolutely no respect for the supreme court since Scalia was nominated and confirmed. I have no respect for its decisions either. This lack of respect is a result of all of the above stated concerns. These people have made a mockery of a once respected entity. The judges I do respect are in such a minority that their integrity and good judgment are nullified.
In my opinion certain Justices need to switch to a different day-care facility.
Why should he pretend that he is not a shill?
Elaine,
I had forgotten about Scalia’s ridiculous defense of torture! Wow! How do these people sleep at night?
[youtube=http://www.youtube.com/watch?v=T72vgAEX66M&fs=1&hl=en_US]
May a magazine should be created entitled “How to Destroy America” one case at a time. The best Judicial Integrity that ever existed was Thurgood Marshall and William Brennan…But then again, we are back to the best laws that can be purchased…All comes with a price.
Appearance of impropriety – Justices receive special treatment under the Constitution precisely to keep them from being political creatures subject to the sway of the Executive or Legislature. Partisan fund raising events, by their very nature, are political events of Congress or White House or what judges are elected instead of appointed. Even being at one can be properly construed or misconstrued as political. Whether or not it was poliitical in fact the situation still creates an appearance of impropriety and is ergo arguably a cannon violation.
why not? the left has been making decisions up from the penumbra to suit their ideology for at least 60 years.
I was shocked to hear that one of our finest Jurists, Justice Alito, might be attending partisan fund raising events! How can this be? Aren’t the Supreme Court Justices supposed to be impartial and how can he be impartial if he is helping Teapublicans?? Tell me it isn’t so Jutice Alito?
Look first off the majority of what was Our Supreme Court is made up of ideologue Federalist Society Tory swine usurpers…
They are not legitimate impartial Judges…they are corrupt political authoritarian totalitarians…
Now as far as Sam Alito is concerned I know first hand that not only is he among the worst of this Federalist Society Tory swine but also corrupt and a criminal, and that we have a criminal sitting upon what once was our Supreme Court and is now in fact though perhaps de facto the Federalist Society Court..
My personal history with Sam Alito goes back to when he was the top Attorney General in New Jersey and his actions which did great untold harm to myself an innocent women and even her little children due to his violations of strict Federal Regulations, as well and his being the lead architect and director of a Conspiracy which went on for over ten years, including harassment, threats, violations of law by law enforcement officials in four towns, sexual assault, multiple frauds, false reports and filings retaliations to numerous to mention, until ruined and never to be the same escaped New Jersey the very area in which we grew up forever having never in our history been in trouble..!
So don’t expect anything even remotely ethical from this sleazy criminal scum bag Sam Alito, he did all this in the interest of a serial drunk and crashing cop who crippled me and then due to Sam Alito was allowed to retaliate over and over against the victim of his drinking and crashing spree, Samuel A. Alito all but endorsed and validated has this cop as well as myself and the women I loved they ruined destroyed causing the miscarriage of what would have been my only child after she was assaulted sexually for 3 hours in a Suburban Essex Police station as retaliation for loving me…
That’s Samuel A. Alito who also perjured himself repeatedly before our Judiciary Committee, claiming “No one’s above the law and no one is beneath it..!” After I wrote and called the Committee during his confirmation charade as well as multiple Senators offices and faxed the front office of the White House as well…
Did anyone of these Senators including our current Vice President care enough for our nation’s well being to call me back or contact me as to what I was talking about and could easily be documented..?
Of course not…
That’s what makes America what it is today…
Tony C Don’t you want more republican Supreme Court appointees? Do you forget what you said before the election? You got your way in most cases. Many good democrats were replaced by republicans. Are we moving to the left yet?
mespo & Tony,
Ah, I misunderstood mespo’s question. Thanks for setting me straight.
Let me add this to the mix:
Antonin Scalia in debate with Stephen Breyer – West Texas Standoff! and Our Newspapers not Reporting The Whole Truth
* Posted by Debra Bryant on November 13, 2010 at 10:21pm in General Discussion
http://patriotsforamerica.ning.com/forum/topics/antonin-scalia-in-debate-with
@mespo: The distinction is that it is not an ethical **rule** for which he can be punished by violating it. There is no recourse for violating a “code of conduct.” Presumably, a “stern talking to” is about it, and Roberts declines to do even that.
mespo,
The distinction is that there’s no danger of that if the judge is giving a lecture on his interpretation of the constitution at a law school.
mespo,
It’s designed so that judges don’t look like they’re shaking down lawyers who practice before them, or using their office to advance their own personal agenda.
Its scarey to think that something like this dose’nt have the American people screaming from the rafters on a situation like this,do they just don’t care or are they just that misinformed?
“There are no ethical rules preventing justices from participating in ideological events, including seminars. However, the Judicial Code of Conduct does state “a judge should not personally participate in fund-raising activities, solicit funds for any organization, or use or permit the use of the prestige of judicial office for that purpose. A judge should not personally participate in membership solicitation if the solicitation might reasonably be perceived as coercive or is essentially a fund-raising mechanism.”
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Not sure I understand the distinction.
Saw the Maddow show and agree totally with what you said.
If the legal community has spoken out in 2000 when Scalia pre- announced the finding in the Bush case, and had brought impeachment hearings on that huge ethical breach, we would not be where we are with the Republican Justices’ blatant disregard for legal and Judicial ethics.