On with Kara Swisher

Flags, Free Trips & Secret Recordings: The Cases, Trials & Tribulation of SCOTUS

Jun 20, 2024
Nancy Gertner, a retired U.S. District Court judge and Harvard Law lecturer, joins Kedric Payne, ethics expert at the Campaign Legal Center, and David Tatel, a retired D.C. Circuit judge and author, to dissect the Supreme Court's current controversies. They explore ethical lapses among justices, the implications of Trump’s immunity case, and the urgent need for an enforceable code of ethics. The discussion highlights the intersection of judicial integrity and political accountability, revealing the challenges facing the Court amid rising public skepticism.
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INSIGHT

Oversight Concerns

  • Senator Graham objects to lower court judges overseeing Supreme Court investigations.
  • He believes this disrupts the court's authority and assaults its supremacy.
ADVICE

Judging the Judges

  • Establish a mechanism to judge Supreme Court justices, similar to other democracies.
  • A neutrally selected panel's findings can influence behavior, even without strict enforcement.
ADVICE

Transparency and Disclosure

  • Focus on transparency and disclosure regarding potential ethical violations within the Supreme Court.
  • Fact-finding and disclosure are essential, even without the power to remove justices.
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