“It’s not a secret for me to say that we have been discussing this issue. And it won’t be a surprise to know that the nine of us have a variety of views about this,” she said Thursday at a judicial conference in Portland, Oregon.
One of the court’s three liberal justices, Kagan said the court could draft and adopt its own code of conduct. Such a move, she said, would do away with questions over whether Congress has the power to impose ethics rules on the high court. “Our whole system is one of checks and balances. … We’re not imperial, and we too are a part of a checking and balancing system in various ways,” she said of the court.
“I know this is a controversial view, but I’m willing to say it. No provision in the Constitution gives them the authority to regulate the Supreme Court-period,” the conservative justice said in an interview he gave to the Wall Street Journal opinion pages. The 63-year-old justice made similar comments on Thursday, emphasizing “the importance of courts looking like they’re doing law, rather than willy-nilly imposing their own preferences as the composition of the court changes.”
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