Oops: They're doing it again: Another Supreme Court Justice flouts ethical standards

To contact us Click HERE

Alito speaks at Federalist Society fundraiser,following in ethically-challenged footsteps of Scalia and Thomas

AFJ and Common Cause released this statement today:            
WASHINGTON, D.C., Nov. 16 - For the second year in a row, a justice of theSupreme Court has flouted judicial ethics by headlining a fundraising gala fora lawyers group, the Alliance for Justice and Common Cause said Friday.

From the Federalist Society website

           Justice Samuel Alito was a featured speaker at the “30^th AnniversaryGala Dinner” of the Federalist Society on Thursday night.  Alito’sappearance was the drawing card for the $175-dollar-a-plate event, thesociety’s website indicates.
           Were Justice Alito sitting on any lower federal court, his appearance wouldviolate Canon 4C of the Code of Conduct for federal judges.  That canonexplicitly bans federal judges from being featured speakers and guests of honorat fundraising events. The code does not formally apply to the Supreme Courthowever. 
Last year, Justices Clarence Thomas andAntonin Scalia spoke at the same Federalist Society fundraising event. The annual dinners attract a crowd of more than 1,200 lobbyists, judges andlawyers, including some with high-profile cases before the court. Attendees atThursday’s dinner, for example, included at least three lawyers involved incases challenging the constitutionality of the federal Voting Rights Act. TheirWashington-based firm, Wiley Rein LLP, was a “silver” sponsor.
Justice Alito has become a regular atsuch functions, having previously spoken at fundraising events for the AmericanSpectator magazine and the Intercollegiate Studies Institute.  TheInstitute describes itself as working for “limited government, individualliberty, personal responsibility, the rule of law, market economy and moralnorms.”
Alliance for Justice President Nan Aronnoted that a 2012 Hart Research Associates poll conducted for AFJ found thatonly 41% of Americans approve of the job the Supreme Court is doing.  “Ifthe public begins to believe that the justices are just politicians in robes,their credibility will further erode. 
“In his 2011 Annual Report, ChiefJustice John Roberts claimed that ‘All members of the Court do in fact consultthe Code of Conduct in assessing their ethical obligations,’” Aron said. “Butit is clear that they are free to routinely ignore that guidance.  That’swhy guidance is not enough.  Either the justices should formally agree toabide by the Code or Congress should require it.”
           “The words ‘Equal Justice Under Law,’ are carved into the marble above theentrance to the Supreme Court,” said Common Cause President Bob Edgar, “butit’s clear that when it comes to judicial ethics, some members of the courtconsider themselves better than equal to the rest of the federal judiciary.Their refusal to embrace and abide by the Code of Conduct is disturbing.”
Edgar and Aron emphasized thataddressing an organization like the Federalist Society is not, in itself, abreach of ethics.  The ethical line is crossed when the justice’sappearance is used to raise money for the organization.

ADDITIONAL RESOURCESFrom AFJ:●AFJVideo: A Question of Integrity and background material about ethicsissues and the Code of Conduct● Analysisof the ethical issues involved in Justices Scalia and Thomas speaking at aFederalist Society fundraiser from Prof. Stephen Gillers of New York UniversitySchool of Law
From Common Cause:● Ourhighest court shouldn’t be held to the lowest standard.● Hoursafter considering challenges to health care reform, Supreme Court justices arehonored at fundraiser sponsored by law firms representing reform opponents.