美国国家公共电台 NPR--He followed strict rules as a judge and wants Supreme Court justices to do the same

He followed strict rules as a judge and wants Supreme¹ Court justices to do the same

Transcript²

A growing list of reports spotlighting³ several Supreme Court justices' lack of disclosure of high-cost gifts, expenses and business dealings — from luxury trips to real estate deals to private school tuition — has prompted many to call for ethics⁴ reform at the nation's highest court.

Among them is retired⁵ federal Judge J. Michael Luttig, a widely respected conservative judge who served on the U.S. Court of Appeals for the 4th Circuit from 1991 to 2006.

Luttig was a Supreme Court contender under President George W. Bush and a longtime friend of several conservative justices. He famously sent more than 40 of his clerks — nicknamed "Luttigators" — into Supreme Court clerkships during his tenure⁶, the vast majority of whom worked for Justices Antonin Scalia and Clarence Thomas.

Luttig has become an increasingly vocal⁷ critic of the Republican Party — and some of his high-profile proteges — in recent years.

He advised former Vice⁸ President Mike Pence in the lead-up to the Capitol insurrection, telling Pence that he did not have the constitutional authority, as then-President Trump⁹ insisted, to reject the Electoral College vote and give the election to Trump; he also testified at a House Jan. 6 committee hearing last June.

More recently, Luttig — who served as Boeing's general counsel until 2019 — submitted a statement to the Senate Judiciary Committee for its hearing on Supreme Court ethics last week.

In it, he wrote that Congress "indisputably has the power under the Constitution" to prescribe ethical¹⁰ standards for the Court, if it were to fall short of what he described as "the housekeeping that is necessary to maintain a Republic."

"The Supreme Court should want to lead by the example that only it can set," he wrote. "It should want to conduct itself in its non-judicial¹¹ activities in all ways such that it is beyond reproach."

At the forefront of the current controversy¹² are payments from Republican megadonor Harlan Crow to Thomas, which the justice did not disclose. Thomas said in a statement he "was advised that this sort of personal hospitality from a close personal friend, who did not have business before the Court, was not reportable."

On Tuesday, chair Sen. Dick Durbin, D-Ill., and other committee Democrats¹³ sent letters to Crow and the holding companies that own his private jet, private yacht and an Adirondack Great Camp, asking them to answer a list of questions — including about the full extent of their gifts to and transactions with Thomas — by May 22.

"This information will help identify specific shortcomings in the 'Statement on Ethics Principles and Practices,' as well as current law, that legislation needs to address," the lawmakers wrote.

Luttig told Morning Edition's A Martinez that there's no question the ethical questions surrounding the court — along with some of the questions raised by its recent judicial decisions — have been "immensely damaging," at least in the short-term.

"The Supreme Court doesn't have either the purse or the sword, it only has its judgments¹⁴," he says. "And its power is ultimately in the respect that its judgments command and the respect that its conduct earns from the American people."

Luttig says it's high time for the high court to adopt a stronger code of conduct. After all, he says, serving on the federal bench comes with big privileges and responsibilities — and he would know.

What do federal judges have in common with priests?

Luttig says the mounting ethical questions facing the Supreme Court today present a valuable opportunity to "fashion standards of conduct for itself that it probably has long needed and, as of today, should definitely want."

The Supreme Court is the only judicial body in the U.S. that isn't governed by a formal code of ethics, though it is subject to some federal statutes¹⁵ that impose ethical standards on all federal judges.

U.S. Chief Justice John Roberts has said the Supreme Court seeks to abide¹⁶ by the code of conduct that lower courts follow, but cannot use that as a definitive¹⁷ source of guidance because "it does not adequately answer some of the ethical considerations unique to the Supreme Court."

Most federal judges are beholden to the Code of Conduct for United States Judges, which was adopted by the Judicial Conference of the United States (a policymaking body established by Congress) in 1973. It includes five canons guiding judges' decision-making when it comes to things like public appearances, political activity, potential conflicts of interest and performance of job duties.

Luttig says the Supreme Court could easily adopt and apply those standards to itself, adding that "it would require little or nothing by way of time or resources."

He stresses how important it is for federal judges to avoid even the possible appearance of impropriety. During his own years on the bench, he declined to accept "any form of hospitality." Luttig says he wouldn't have accepted tickets to a baseball game, even if he were to pay for them later.

"I believe that federal judges should essentially¹⁸ live like priests or saints or monks," he adds.

"The collegiality that you enjoy on the federal bench is really only among your colleagues on the federal bench. As soon as you step beyond that you are at risk of associating with people who could well have matters that come before you or who might well have an interest in the cases that come before you, financial or otherwise."

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 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。

3 spotlighting   

v.聚光照明( spotlight的现在分词 )；使公众注意，使突出醒目

参考例句：

4 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。

5 retired   

adj.隐退的，退休的，退役的

参考例句：

• The old man retired to the country for rest.这位老人下乡休息去了。
• Many retired people take up gardening as a hobby.许多退休的人都以从事园艺为嗜好。

6 tenure   

n.终身职位；任期；(土地)保有权，保有期

参考例句：

• He remained popular throughout his tenure of the office of mayor.他在担任市长的整个任期内都深得民心。
• Land tenure is a leading political issue in many parts of the world.土地的保有权在世界很多地区是主要的政治问题。

7 vocal   

adj.直言不讳的；嗓音的；n.[pl.]声乐节目

参考例句：

• The tongue is a vocal organ.舌头是一个发音器官。
• Public opinion at last became vocal.终于舆论哗然。

8 vice   

n.坏事；恶习；[pl.]台钳，老虎钳；adj.副的

参考例句：

• He guarded himself against vice.他避免染上坏习惯。
• They are sunk in the depth of vice.他们堕入了罪恶的深渊。

9 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。

10 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。

11 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。

12 controversy   

n.争论，辩论，争吵

参考例句：

• That is a fact beyond controversy.那是一个无可争论的事实。
• We ran the risk of becoming the butt of every controversy.我们要冒使自己在所有的纷争中都成为众矢之的的风险。

13 democrats   

n.民主主义者，民主人士( democrat的名词复数 )

参考例句：

• The Democrats held a pep rally on Capitol Hill yesterday. 民主党昨天在国会山召开了竞选誓师大会。
• The democrats organize a filibuster in the senate. 民主党党员组织了阻挠议事。 来自《简明英汉词典》

14 judgments   

判断( judgment的名词复数 )； 鉴定； 评价； 审判

参考例句：

• A peculiar austerity marked his judgments of modern life. 他对现代生活的批评带着一种特殊的苛刻。
• He is swift with his judgments. 他判断迅速。

15 statutes   

成文法( statute的名词复数 )； 法令； 法规； 章程

参考例句：

• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
• Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法

16 abide   

vi.遵守；坚持；vt.忍受

参考例句：

• You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。
• If you join the club,you have to abide by its rules.如果你参加俱乐部，你就得遵守它的规章。

17 definitive   

adj.确切的，权威性的；最后的，决定性的

参考例句：

• This book is the definitive guide to world cuisine.这本书是世界美食的权威指南。
• No one has come up with a definitive answer as to why this should be so.至于为什么该这样，还没有人给出明确的答复。

18 essentially   

adv.本质上，实质上，基本上

参考例句：

• Really great men are essentially modest.真正的伟人大都很谦虚。
• She is an essentially selfish person.她本质上是个自私自利的人。