On the recordJune 12, 2024
I want to thank my colleagues Senator Durbin and Senator Whitehouse. I have been proud to be part of their team in working for the most minimal kind of ethical standards for the highest Court in the land. Right now, that Court has no enforceable code of conduct, unlike any other court in the Federal system, unlike any other branch of government. It is so elemental as a matter of simple ethical conduct and appearance. The Supreme Court has squandered its almost mystical authority, its unique power in the Federal Government. In a sense, that power was not envisioned by the Founders. The idea of judicial review came after the Constitution was written. We can thank Justice Marshall for the idea that the Supreme Court can literally strike down what we do here. It is the most powerful branch of government--not the least dangerous but the most powerful. Think of it for a moment. In a democratic republic, it is unelected; it has life tenure. Nobody can tell a Justice: You are too old to do this stuff anymore. It is the most anti-democratic or undemocratic institution in a democratic system of government that you could possibly imagine. So its power is really dependent on its adherence to standards of integrity to gain respect and credibility. It has no army. It has no police force. People follow those orders that it issues because its wisdom and integrity have gained respect.…





