Berkeley law dean Erwin Chemerinsky is viewed as one of the smartest and more reasonable of progressive academics, lending him an air of credibility that often credits his position without engaging in too much scrutiny of his argument. In other words, if Chemerinsky is for something, the reasons why don’t really matter. But they do matter, and Chemerinky’s op-ed on Congress compelling the Supreme Court to create and subject itself to a code of ethics flops.
This is not to say that the justices of the Supreme Court should not be bound by an ethical code or should be able to engage in conduct that is, or appears to be, improper. Of course they should be ethical. The problem, however, is twofold. First, can Congress seize control over the Supreme Court by imposing a code of ethics that could dictate the outcome of its ruling? Second, if such a code were crafted, is there any mechanism by which it could be enforced? Continue reading
