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supports creating a novel “mechanism” that would provide the means for an enforceable ethics code for the nine justices, she said at a judicial conference on Thursday.
Although Kagan acknowledged the difficulties in deciding who should be in charge of enforcing ethics on the highest court in the land, she said she felt “we could and should try to figure out some mechanism for doing this” in response to a moderator’s question at the U.S. Court of Appeals for the 9th Circuit’s annual conference.
But not every justice thinks an enforceable ethics code would be wise. Last July, Alito said in an interview with thethat Congress lacks the ability to create legislation on this matter, arguing no “provision in the Constitution gives them the authority to regulate the Supreme Court — period.”
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