Supreme Myth Busting: How the Supreme Court Has Busted its Own Myths

Abstract

This Essay challenges various myths of the Supreme Court, including the myth of the Supreme Court as the only branch in the federal government capable of neutral, non-partisan, juridical interpretations of the Constitution. Through various means, I show how the Supreme Court fails to live up to that myth, especially in its failure to abide by the same code of ethics that other judges follow. The Court’s excuse is that it is not like other courts, but, if we take that excuse at face value, then there is more, not less, reason to require the Supreme Court adhere to the same ethical standards every other judge must follow. If the Court is just another court, it should of course be constrained like other courts, including through a code of ethics. But, if it is not like other courts, a code of ethics is even more imperative to ensure the justices from lapsing into just another political venue. In addition to highlighting how the Court’s recent decisions undercut its claims of being a court rather than just another political branch, I use several case studies to show how the Court needs to adhere to a code of ethics to ensure it does not function as presidents and senators would like it to function as an extension of their political powers.