'Ethical rot': SCOTUS historian maps out 'the gravest danger the court faces today'

Jeff Shesol, a historian and former speechwriter for President Bill Clinton, mapped out “the gravest danger” the U.S. Supreme Court “faces today” — specifically the “ethical rot and official indifference” that plagues the nine justices who sit on the highest court in the country.

In his essay, “The Tragedy of John Roberts,” published Monday by The New York Times, Shesol noted this year’s term “will likely be remembered” as the year SCOTUS “led by its chief justice, ended race-conscious admissions at the nation’s colleges and universities.”

“But the larger story of this term has been one of ethical rot and official indifference,” Shesol wrote.

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Referencing recent reports that singled out “Justices Samuel Alito, Neil Gorsuch and Clarence Thomas” for “their close ties to wealthy benefactors who have business before the court,” Shesol argued the the real problem lies with Chief Justice John Roberts’ and the Supreme Court’s refusal to implement a code of ethics — even as other members of the judiciary abide by a code of conduct.

“Whatever Chief Justice Roberts thinks of their behavior, it is plain that judicial independence on his court has come to mean judicial license: a freedom to do and say what a justice pleases,” Shesol argued. “In May, at an American Law Institute gala, the chief sought to ‘assure people that I am committed to making certain that we as a court adhere to the highest standards of conduct.’ Yet he acknowledged no lapse, announced no new policy, made no promise to keep Congress or the public informed.”

Shesol pointed out that “the judiciary’s ‘status as an independent branch of government’ … has always been [Roberts’] trump card."

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“At a time when the justices have lost the public’s trust, Chief Justice Roberts has reaffirmed that they will continue to serve as their own judges and jury, their own inspectors general and ombudsmen,” Shesol wrote. “They will ask themselves for leniency, and are sure to bestow it.”

“The gravest danger the court faces today is not congressional oversight, but its own sense of impunity,” Shesol added.

Read the full essay at The New York Times.