Jessica Levinson: Why the solution to the Ginni Thomas SCOTUS problem could create new disasters.
.” That is a distressingly broad standard. It is so malleable it might as well be made of liquid. But even so, when your spouse is involved in plotting to overturn an election, and you’re ruling on cases dealing with a mob that storms the Capitol to try to overturn the election, it is fair to say your impartiality might reasonably be questioned.
While this may be an unpopular view, there are good reasons not to have a mandatory code of ethics that applies to the Supreme Court. The idea raises certain concerns overin our system of co-equal branches. A mandatory judicial code of conduct could amount to the legislative branch improperly taking power from the judicial branch. In addition, the code itself would be subject to judicial review by the Supreme Court.
There are reasons we should tread carefully when we are talking about imputing one spouse’s activities or views to the other spouse. In addition, there are reasons why we should tread carefully when we are talking about imputing one spouse’s activities or views to the other spouse. Spouses often disagree on big issues. Sure, not every couple will look like theof Democratic strategist James Carville and Republican strategist Mary Matalin. But neither is every couple in lockstep on their political, legal or social views.
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