May 7, 2023
Chief Justice John Roberts
United States Supreme Court
1 First Street, NE
Washington, DC 20543
Dear Justice Roberts:
For the past seven decades, I have revered the Court as one of the few places where civil discourse prevailed and decisions were made based on different but philosophical legal interpretations of the law; wildly disparate, perhaps, but free from non-legal influence.
Recent revelations concerning Justice Thomas’s substantial financial links to a man with multiple reasons to want influence over Court decisions, Justice Alito’s cozy relationship with rich influencers who want certain Court precedent overturned, not to mention your wife’s business dealings and huge income from firms who regularly appear before the Court, have challenged that naive perception.
It’s not enough to pay lip service to judicial ethical standards. The appearance of impropriety is often more damaging than actual violation of principles, as the latter is easily discovered and punishable. As you well know, ABA Model Code of Judicial Conduct tells us that the judge must avoid such appearances.
I fully understand and appreciate your wish for the Court to remain an independent branch of our government; that’s crucial to our system, but unless the Court adopts its own set of rigid ethical standards and enforces those standards, Congress will be forced to act from a political if not moral position.
It’s not enough to simply write a letter to Congress reiterating the importance of judicial independence. It’s not enough to leave it up to individual justices as to when to recuse themselves. It’s not enough to expect justices to complete reporting forms properly listing their financial dealings. SCOTUS, under your leadership, must adopt a set of rigid ethical guidelines and include an enforcement mechanism. It’s the only course to avoid a constitutional crisis or a complete destruction of trust in the Court.
You have a choice: go down in history as a Chief who saved the Court, or a Chief who failed to act and permitted the destruction of the Court as the only remaining trustful branch of government,
Respectfully yours,
Eric C. Welch
Freeport, IL 61032
Update: Court issues a "Code of Conduct."
https://www.scotusblog.com/2023/11/justices-issue-official-code-of-conduct/
Too little, too late. Aside from the issue of no enforcement, the idea that SCOTUS is different from lower courts, hence recusal has a more significant impact, is precisely why justices need to refuse gratutities, free vacations, jet trips, etc. from anyone, regardless of whether they might have future business before the Court. Alito presents exactly the problem. The free, horribly expensive, trips he was given by someone whose hedge fund had business before the Court, should have forced recusal by Alito. Obviously if he did, it might disadvantage the gift-giver, but that's precisely why no such trips should ever be accepted. When you accept the position of Supreme Court Justice you give up some benefits like travel gifts. Tough. Not giving them up just means you are willing to be bought and paid for.
