Dean Erwin Chemerinsky writes about the SCOTUS case United States v. Rahimi which involves a federal law that prohibits those under a restraining order in a domestic violence case from having guns.
“In the best case, the code of ethics announced on November 13 is the first step toward meaningful reform,” writes Dean Erwin Chemerinsky. “If not, it’s time for Congress to create an enforcement mechanism.”
“If the Supreme Court doesn’t reverse the 8th Circuit’s decision, it will leave little remedy for violations of one of our most important rights,” writes Dean Erwin Chemerinsky.
The code’s value “will depend in large part on whether and to what extent individual justices are involved in future ethical controversies,” said former federal judge Jeremy Fogel, director of the Berkeley Judicial Institute at Berkeley Law. “My impression is that the process of getting to this point has made the justices more intentional about public trust and confidence and the impact of ethical issues.”
Retired U.S. District Judge and Director of the Berkeley Judicial Institute Jeremy Fogel said the careful wording of the ethics code and its introductory statement suggest the justices, led by Roberts, approached it as if they were crafting an opinion.
However it is structured, there must be an enforcement mechanism for the ethical code to have meaning, writes Dean Erwin Chemerinksy. “Trust us” is never an adequate answer, especially when dealing with matters of ethics.
