Supreme Court Bends To A Democrat Hoax.
They had to choose between dishonor and war. They chose dishonor. They will get war too.
On Monday, the Supreme Court published a “Ethics” Code. You can read the Code here.
The Code likely was published in response to the incessant claims in recent years by partisan Democrats that “conservative” Supreme Court justices have been conducting themselves in unethical ways. Stories are everywhere, and you can find good examples just about anywhere in the MainStreamMedia, but the main driver of the hoax has been ProPublica. You can find all of its “stories” about supposed ethical lapses conveniently compiled and located here. Also, Forbes has put together a summary list of alleged ethical lapses which, for good measure, and obvious cover, tosses in a few supposed ethical problems for Justices on the Left.
As with most of the Leftwing’s hoaxes, there is not anything to the supposed “stories.” These issues have been known for years and, in the past, they were examined and the truth was told—Justices, like other powerful people in Washington, often enjoy perks associated with the position, but nothing unethical or illegal is occurring. You can read one such example from the New York Times no less from 2011 here.
However, in today’s Media environment, where approximately 50% of the public gets its “news” from the MainStreamMedia and never hears alternative viewpoints, a narrative can transcend truth and become “fact.” Indeed, it can transcend basic common sense and reality if the force of the daily narrative determines to propel it. This is what has happened to the Supreme Court.
Before demonstrating that there is nothing to these allegations, let us consider why the Left has determined to undermine fraudulently the institution of the Supreme Court. The reason is two-fold. First, it is the lone branch of the Federal government that it does not control. Second, and just as important, it is a branch of government capable of thwarting many of the Left’s policy prescriptions. As to the latter, recall the Supreme Court striking down the CDC’s eviction moratorium and Biden’s student loan “forgiveness” as unconstitutional. In light of the fact that no openings on the more conservative side of the Court appear imminent, these baseless attacks on the Supreme Court on the only manner the Left has to influence it in its direction.
That there is nothing to the allegations of ethical lapses is self evident. Initially, as demonstrated above, they are a repeat of past allegations that were examined and found not to be unethical. Setting this fact aside, if the supposed lapses were so serious, why has not the Biden Administration opened an investigation or the House initiated impeachment proceedings? If you think it is because the current House is controlled by Republicans, consider that the prior Congress, controlled by Nancy Pelosi, had no problem starting baseless impeachments against President Trump for far less.
The charges also defy common sense. (Sadly, Leftwing hoaxes now are immune from common sense). For example, no one rational would believe that Justice Thomas or Justice Alito, the two primary supposed violators, would need to be given money to vote conservatively. But the Left apparently suggests with a straight face that these Justices only vote conservatively because they are given “secretgifts” and “dark money.”
Finally, the allegations do not stand up to rational, objective scrutiny (something they, like most other Leftwing narratives, no longer ever undergo). For example, one of the supposedly serious claims is that Justice Thomas has been provided free air fare and lavish trips. Setting aside the fact that Ruth Bader Ginsburg led all justices during her tenure on the Court in free air fare and trips, accepting such perks is not unethical, or even illegal. Again, if it were, the Department of Justice would be investigating and the Internal Revenue Service would be auditing. The fact that they are not is all a rational person would need to know to appreciate that there is nothing to these claims of unethical behavior.
Again, as The New York Times admitted (see above) when these perks were revealed over a decade ago, the fact that Justices spend time with wealthy and powerful people presents potential bias issues, but it is not unethical or illegal. This is the reality of the situation—Supreme Court Justices have access to wealthy people, just like all other powerful people in Washington, and some pretty nice perks arise based on those connections. For example, while our friends occasionally invite us over for a nice dinner, well connected politicians in Washington often get invited to take private flights for a hunting trip out of state. Just as we do not need to report the dinner to the IRS, politicians in the current system are not required to report their trips either.
In any event, the fact that the charges are baseless has not stopped the Left from repeating the baseless charges to corruptly influence ad attempt to control the Supreme Court. That the Supreme Court felt sufficient public pressure based on the hoax to take the unprecedented step of issuing an “ethics code” will not do anything to dampen the Left’s enthusiasm for continuing the smear campaign. Indeed, early indications are that it will have the opposite effect.
Shortly after it was released, Democrats (in near unison, as per usual) claimed that it was useless and that Congress had to regulate the Supreme Court. For example, Adam Schiff tweeted:
A Supreme Court code of ethics with no enforcement mechanism, no means of investigation, and no penalties for violations is just window dressing. It’s time for Congress to act — and impose a code of ethics that holds SCOTUS accountable to real ethical standards.
Of course, he fails to mention that Congress’ ethics code “no enforcement mechanism, no means of investigation, and no penalties for violations,” except those set by Congress. He also failed to provide the Constitutional basis for one branch, Congress, regulating another branch, the Supreme Court. This is how separation of powers works in a Constitutional Republic and Congress has no right to regulate the Supreme Court. Which brings us back to why the Left is calling for an “ethics” code—it’s a backdoor way around the separation of powers doctrine.
If Congress can promulgate an “ethics” code that Supreme Court justices have to follow, it can craft a mechanism for causing justices to recuse in certain cases and potentially even be forced to step down from the Court. They could accomplish this without amending the Constitution, which provides for lifetime tenure and for impeachment as the sole mechanism for removing Justices.
So that there can be no doubt that the Left is not interested in what the Constitution provides about the Supreme Court, consider that 4 Democrat Senators, led by Senator Whitehouse of Rhode Island, recently introduced a bill to limit justices to an 18 year term, even though the Constitution provides for lifetime appointments. Obviously such a bill is unconstitutional and term limits can only be accomplished via Constitutional amendment. You can watch Senator Whitehouse discuss it here:
https://twitter.com/SenWhitehouse/status/1715052207039512907
This is what this whole hoax has been about from the very beginning—just an end around the Constitution to control the Court. No need to win Presidential elections and wait out retirement. No need to bother with the extremely difficult impeachment process.
Sadly, on Monday, the Supreme Court finally joined the hoax with its self inflicted wound. As discussed above, the Left will not backdown from promulgating its false narrative, but in all likelihood will elevate it. Time will tell where it goes, but this new development makes another hallmark of the Constitution more likely to fail. If it does, we will be that much closer to the end of the Republic.