美国国家公共电台 NPR--Outside groups take a first stab at a Supreme Court ethics code

Outside groups take a first stab at a Supreme¹ Court ethics² code

Transcript³

Finally, somebody has taken a try at writing a Supreme Court ethics code, though not the court itself. The justices reportedly have discussed the subject but apparently⁴ have not reached any agreement on what, if anything, to do about it.

Now, however, two groups have written what they call a model code of conduct for the Supreme Court. And it's getting generally favorable reviews. The groups are the Project on Government Oversight⁵, a nonpartisan, independent government watchdog, and the Lawyers Defending American Democracy.

Their effort follows an increasing drumbeat of criticism aimed at the court for perceived ethical⁷ lapses⁸ and failures to deal with them. Most recently the American Bar Association passed a resolution calling on the justices to adopt a binding⁹ code of ethics and urged other bar associations around the country to pass similar resolutions.

The proposed model code of conduct and accompanying commentary couches its objective in modest terms — to offer a proposal for further discussion and for the court to consider. While its recommendations are based on the already existing code of conduct that applies to lower federal court judges, the proposed Supreme Court code goes much further.

The recommendations

It recommends "clear and more stringent¹⁰ guidelines for recusal, prohibitions¹¹ against conduct that creates an appearance of partiality, rigorous obligations for disclosure, and standards for transparent¹² decision-making."

In particular, for instance, the model code would require justices to disqualify themselves from cases involving not only financial entanglements¹³ of family members, but lobbying activities of would-be litigants¹⁴ involved in a justice's confirmation¹⁵. And it would bar close family members from engaging in political or other activity that presents the appearance of partisanship¹⁶.

The proposed code would go further than the existing code for lower court judges, which bars participation¹⁷ in political activities. The proposal would also bar Supreme Court justices from appearing before groups with partisan⁶ or ideological¹⁸ agendas, groups like the conservative Federalist Society or the liberal American Constitution Society. And it would recognize that certain political activities by a spouse¹⁹ or other close family members would require justices to recuse themselves.

Such a provision would clearly have forbidden Justice Clarence Thomas from participating in a 2022 case involving the release of Trump²⁰ White House records to the House committee investigating the Jan. 6 attack on the U.S. Capitol. Thomas was the lone²¹ dissenter²² when the court refused President Trump's effort to shield those records from disclosure, records that later showed Thomas's wife, Ginni, had communications with top Trump White House officials, urging them to take steps to block certification of the election results.

'A starting point for a discussion'

"It's sort of beyond debate now that the justices do need a code of conduct," says Sarah Turberville, director of the Constitution Project at POGO. "This is a starting point for a discussion about what that code should look like."

The authors of the code acknowledge that "these additional rules would undoubtedly²³ place additional burdens on the justices. They would prohibit some activities in which justices have freely engaged and subject them to additional scrutiny²⁴." But, the authors contend, "this is an appropriate requirement for a lifetime position imbued²⁵ with enormous power."

"We believe a code has intrinsic value because it clarifies the bounds of acceptable conduct," the authors say in their introduction. "Moreover, in cases of clearly egregious²⁶ conduct...it could support Congress' impeachment²⁷ power."

NYU law professor Stephen Gillers, author of perhaps the leading text on judicial²⁸ ethics, says 85% of the recommendations in the proposed model code are already the rules for lower court judges, and the Supreme Court has said it consults those rules as guidelines for itself. But the proposed model code, he notes, calls for more disclosures of gifts and income sources for justices and their spouses²⁹. That, he says, would be a big step forward. So too would be a requirement that justices explain why they recuse themselves from participating in a case. Other recommendations in the proposed code, says Gillers, are non-starters, like requiring that justices to put their assets in a blind trust.

The court isn't bound by a code of ethics

Gillers says he believes that the only reason the court has not actually been able to come up with a code of conduct for itself is that the justices "don't want to be pushed around. They don't want the clamor." Gillers' "read" is that the justices think it will "look weak. It will look like they are giving up their independence." But, he observes, "Every judge in America is governed by ethics rules. Except nine. And guess who they are?"

University of Virginia law professor Amanda Frost says the pressure on the court is bound increase. While she thinks that Congress could write an ethics code for the court, it would be far better for the justices to do it themselves. In fact, Sen. Sheldon Whitehouse, D-R.I., has proposed requiring the court to write its own ethics code, and to set a deadline.

It is unlikely that the court will do that until it reaches some sort of consensus³⁰ among the nine. As professor Gillers observes, supposing three justices refuse to sign on to a new code, it would be worthless because there would be no internal pressure to comply. And peer pressure is really the only enforcement mechanism³¹ that might work.

1 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

2 ethics   

n.伦理学；伦理观，道德标准

参考例句：

• The ethics of his profession don't permit him to do that.他的职业道德不允许他那样做。
• Personal ethics and professional ethics sometimes conflict.个人道德和职业道德有时会相互抵触。

3 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

4 apparently   

adv.显然地；表面上，似乎

参考例句：

• An apparently blind alley leads suddenly into an open space.山穷水尽，豁然开朗。
• He was apparently much surprised at the news.他对那个消息显然感到十分惊异。

5 oversight   

n.勘漏，失察，疏忽

参考例句：

• I consider this a gross oversight on your part.我把这件事看作是你的一大疏忽。
• Your essay was not marked through an oversight on my part.由于我的疏忽你的文章没有打分。

6 partisan   

adj.党派性的；游击队的；n.游击队员；党徒

参考例句：

• In their anger they forget all the partisan quarrels.愤怒之中，他们忘掉一切党派之争。
• The numerous newly created partisan detachments began working slowly towards that region.许多新建的游击队都开始慢慢地向那里移动。

7 ethical   

adj.伦理的，道德的，合乎道德的

参考例句：

• It is necessary to get the youth to have a high ethical concept.必须使青年具有高度的道德观念。
• It was a debate which aroused fervent ethical arguments.那是一场引发强烈的伦理道德争论的辩论。

8 lapses   

n.失误，过失( lapse的名词复数 )；小毛病；行为失检；偏离正道v.退步( lapse的第三人称单数 )；陷入；倒退；丧失

参考例句：

• He sometimes lapses from good behavior. 他有时行为失检。 来自辞典例句
• He could forgive attacks of nerves, panic, bad unexplainable actions, all sorts of lapses. 他可以宽恕突然发作的歇斯底里，惊慌失措，恶劣的莫名其妙的动作，各种各样的失误。 来自辞典例句

9 binding   

有约束力的，有效的，应遵守的

参考例句：

• The contract was not signed and has no binding force. 合同没有签署因而没有约束力。
• Both sides have agreed that the arbitration will be binding. 双方都赞同仲裁具有约束力。

10 stringent   

adj.严厉的；令人信服的；银根紧的

参考例句：

• Financiers are calling for a relaxation of these stringent measures.金融家呼吁对这些严厉的措施予以放宽。
• Some of the conditions in the contract are too stringent.合同中有几项条件太苛刻。

11 prohibitions   

禁令，禁律( prohibition的名词复数 )； 禁酒； 禁例

参考例句：

• Nowadays NO PARKING is the most ubiquitous of prohibitions. 今天，“NO PARKING”（禁止停车），几乎成了到处可见的禁止用语了。
• Inappropriate, excessive or capricious administration of aversive stimulation has led to scandals, lawsuits and prohibitions. 不恰当的、过度的或随意滥用厌恶性刺激会引起人们的反感、控告与抵制。

12 transparent   

adj.明显的，无疑的；透明的

参考例句：

• The water is so transparent that we can see the fishes swimming.水清澈透明，可以看到鱼儿游来游去。
• The window glass is transparent.窗玻璃是透明的。

13 entanglements   

n.瓜葛( entanglement的名词复数 )；牵连；纠缠；缠住

参考例句：

• Mr. White threaded his way through the legal entanglements. 怀特先生成功地解决了这些法律纠纷。 来自《简明英汉词典》
• At dawn we broke through the barbed wire entanglements under the city wall. 拂晓我们突破了城墙的铁丝网。 来自《简明英汉词典》

14 litigants   

n.诉讼当事人( litigant的名词复数 )

参考例句：

• Litigants of the two parties may reconcile of their own accord. 双方当事人可以自行和解。 来自口语例句
• The litigants may appeal against a judgment or a ruling derived from the retrial. 当事人可就重审案件的判决或裁定进行上诉。 来自口语例句

15 confirmation   

n.证实，确认，批准

参考例句：

• We are waiting for confirmation of the news.我们正在等待证实那个消息。
• We need confirmation in writing before we can send your order out.给你们发送订购的货物之前，我们需要书面确认。

16 Partisanship   

n. 党派性, 党派偏见

参考例句：

• Her violent partisanship was fighting Soames's battle. 她的激烈偏袒等于替索米斯卖气力。
• There was a link of understanding between them, more important than affection or partisanship. ' 比起人间的感情，比起相同的政见，这一点都来得格外重要。 来自英汉文学

17 participation   

n.参与，参加，分享

参考例句：

• Some of the magic tricks called for audience participation.有些魔术要求有观众的参与。
• The scheme aims to encourage increased participation in sporting activities.这个方案旨在鼓励大众更多地参与体育活动。

18 ideological   

a.意识形态的

参考例句：

• He always tries to link his study with his ideological problems. 他总是把学习和自己的思想问题联系起来。
• He helped me enormously with advice on how to do ideological work. 他告诉我怎样做思想工作，对我有很大帮助。

19 spouse   

n.配偶(指夫或妻)

参考例句：

• Her spouse will come to see her on Sunday.她的丈夫星期天要来看她。
• What is the best way to keep your spouse happy in the marriage?在婚姻中保持配偶幸福的最好方法是什么？

20 trump   

n.王牌，法宝；v.打出王牌，吹喇叭

参考例句：

• He was never able to trump up the courage to have a showdown.他始终鼓不起勇气摊牌。
• The coach saved his star player for a trump card.教练保留他的明星选手，作为他的王牌。

21 lone   

adj.孤寂的，单独的；唯一的

参考例句：

• A lone sea gull flew across the sky.一只孤独的海鸥在空中飞过。
• She could see a lone figure on the deserted beach.她在空旷的海滩上能看到一个孤独的身影。

22 dissenter   

n.反对者

参考例句：

• The role of the dissenter is not for the weak-kneed.反对者的角色不是软弱之人所能够担当的。
• The Party does not tolerate dissenters in its ranks.该政党不允许其成员中存在异见分子。

23 undoubtedly   

adv.确实地，无疑地

参考例句：

• It is undoubtedly she who has said that.这话明明是她说的。
• He is undoubtedly the pride of China.毫无疑问他是中国的骄傲。

24 scrutiny   

n.详细检查，仔细观察

参考例句：

• His work looks all right,but it will not bear scrutiny.他的工作似乎很好，但是经不起仔细检查。
• Few wives in their forties can weather such a scrutiny.很少年过四十的妻子经得起这么仔细的观察。

25 imbued   

v.使（某人/某事）充满或激起（感情等）( imbue的过去式和过去分词 )；使充满；灌输；激发（强烈感情或品质等）

参考例句：

• Her voice was imbued with an unusual seriousness. 她的声音里充满着一种不寻常的严肃语气。
• These cultivated individuals have been imbued with a sense of social purpose. 这些有教养的人满怀着社会责任感。 来自《简明英汉词典》

26 egregious   

adj.非常的，过分的

参考例句：

• When it comes to blatant lies,there are none more egregious than budget figures.谈到公众谎言，没有比预算数字更令人震惊的。
• What an egregious example was here!现摆着一个多么触目惊心的例子啊。

27 impeachment   

n.弹劾；控告；怀疑

参考例句：

• Impeachment is considered a drastic measure in the United States.在美国，弹劾被视为一种非常激烈的措施。
• The verdict resulting from his impeachment destroyed his political career.他遭弹劾后得到的判决毁了他的政治生涯。

28 judicial   

adj.司法的，法庭的，审判的，明断的，公正的

参考例句：

• He is a man with a judicial mind.他是个公正的人。
• Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

29 spouses   

n.配偶，夫或妻( spouse的名词复数 )

参考例句：

• Jobs are available for spouses on campus and in the community. 校园里和社区里有配偶可做的工作。 来自辞典例句
• An astonishing number of spouses-most particularly in the upper-income brackets-have no close notion of their husbands'paychecks. 相当大一部分妇女——特别在高收入阶层——并不很了解他们丈夫的薪金。 来自辞典例句

30 consensus   

n.(意见等的)一致，一致同意，共识

参考例句：

• Can we reach a consensus on this issue?我们能在这个问题上取得一致意见吗？
• What is the consensus of opinion at the afternoon meeting?下午会议上一致的意见是什么？

31 mechanism   

n.机械装置；机构，结构

参考例句：

• The bones and muscles are parts of the mechanism of the body.骨骼和肌肉是人体的组成部件。
• The mechanism of the machine is very complicated.这台机器的结构是非常复杂的。