Scalia, Thomas Put Democracy At Risk

Thanks to Think Progress and The New York Times, this week had a renewed focus on the role money, both foreign and domestic, is playing in the upcoming midterm elections. And while the scope of the spending is certainly troubling, what is more so is the fact that such spending has moved beyond merely electing politicians and into the realm of the one branch that has a duty to uphold the appearance of impartiality, the judiciary.

The cannon of judicial ethics makes it clear that judges of all stripes have an ethical obligation to not place themselves in situations that can create an appearance of a conflict of interest–a standard much tighter than placing themselves in situations or hearing cases that actually create such a conflict. Traditionally this has kept judges out of overtly partisan activities, such as campaigns or similar fundraising efforts. But over the course of the last decade that line has become blurred, and thanks to Justices Scalia and Thomas, may have just eroded all together.

The two justices have reportedly been attending seminars sponsored by the energy giant and Tea Party funders Koch Industries. These seminars have the specific goal of creating strategies to combat the “multitude of public policies” that threaten to destroy America as we know it.

Presumably one such strategy includes targeted judicial and litigation campaigns, like the ones being waged against health care reform, reproductive rights and, of course the erosion of federal civil rights protections.

These reports are particularly problematic for Justice Thomas whose wife is earning a salary running a Tea Party group and refuses to disclose the source of the funds going to the group and whether or not those groups have any interests pending or potentially pending before the Court.

The reason the judicial cannon creates a higher ethical burden on judges than it does on lawyers is because of the fact that the judiciary is the one branch of our government charged with utmost impartiality. Both the executive and the legislative are supposed to function as advocates, albeit on varying degrees. But the judiciary is the place of reason, the branch free of emotion and devoid of anything other than the application of facts to law. Once that disappears then the rest of our democracy is at risk.

So while Justices Thomas and Scalia may not have done anything specifically wrong in attending these events, their conduct threatens the very fabric of our nation and to say as much is not hyperbole. We must be able to hold confidence in the fact that our judges will remain above the fray if we are to expect our citizenry to respect their difficult and often unpopular decisions. As strict constructionalists and jurists who routinely invoke the wisdom of the Founding Fathers, you’d think this point would not be lost on either of them.

Read more: elections 2010, ethics, politics, Scalia, tea party, thomas

photo couresty of Jeff Kubina via Flickr

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Michael C.

10:42PM PDT on Oct 26, 2010

"@Michael Cunningham ...And all those that don't see the value of legislation that protects our democracy from corporate interests:"

Is there value in legislation? Yes! Is there value in legislation that increases cost to a business with no concomitant increase in product quality? No! I have referenced somewhere among the threads on this board a recent report on business climate in my home town. There are seven other cities in the mix. each a separate report. The reports include specific examples.
One I can cite is related to the Cash for Clunkers. Said program was stated to have a purpose of removing old inefficient cars from the road. Why then did the program REQUIRE 12 different forms for each car accepted into the program. Twelve forms! These forms did not fill themselves out. Making them an additional cost that has nothing to do with the business of selling cars! This should be a clear enough example that the Government can do nothing well. And that in addition to its own spending it wastes the monies of individual businesses!

Businesses have no interest in running the country. All they desire is to make a product or service and have it produce a profit for those with a stake in the company. And before you get all riled up by that do not forget that the employees have a stake in the company as well!

send a green star

Rasheed K.

12:42PM PDT on Oct 26, 2010

@Michael Cunningham ...And all those that don't see the value of legislation that protects our democracy from corporate interests:
GET A SPINE & MOVE TO SOMALIA. THERIEN LIES THE FRUITS OF YOUR FREE MARKET LIBERTARIANISM

Paul B.

8:20AM PDT on Oct 26, 2010

Start impeachment proceedings today!

10:17AM PDT on Oct 25, 2010

"we need to pass legislation against this kind of conflict of interest."

You can not legislate EVERYTHING!

10:12AM PDT on Oct 25, 2010

Granted the media lies to be sensational. I think the riots in Greece have been replaced by the riots over retirement age in France!

Few Hotheads? If it is anything like here those were the union leaders!

Michael

Original Message:
-----------------

Hello Michael,

What riots? Vastly inflated by the sensationalist media. Only occurred in a small area of Athens fuelled by a few hotheads. Nothing anywhere near here. For a long time our media has not bothered to report any. Are they still happening?

Lionel.

Miriam W.

4:21AM PDT on Oct 25, 2010

we need to pass legislation against this kind of conflict of interest.

Lionel M.

1:07AM PDT on Oct 25, 2010

Vince,
I hope to see one day the U.S.A. restored to its true place as an admired leader of the world. Over the past fifty years it has sunk lower and lower through greed, exploitation, dissolution, immorality, aggression. In my youth we saw similar evils taking over Germany; it6 is very worrying. You may not like the truth, but until you face up to it and do something about it you will continue down the perilous path.
Yes, this country is in debt because, in common with others, they foolishly followed your example and also became involved with your financial institutions. Now they know better and are remedying the faults.

8:43PM PDT on Oct 24, 2010

"contribute to elections is money raised through active ballot clubs or PACS."

I suppose if you say so I must believe you.

"union members voluntarily sign cards to have money deducted from their checks"

This is not always quite 100% true.

"and you can bet they vote democratic."

Again not quite 100% true.

"unions CAN'T use money collected in dues to fund elections."

Actually I believe the restriction is not without the members permission.

8:35PM PDT on Oct 24, 2010

"The belief that abortion is wrong is a RELIGIOUS belief."

Is it not possible that some people just consider it murder?

Oh wait -- That is a religious principle also, sorry!