Separation of powers
Ever since a conservative majority was installed on the U.S. Supreme Court, the left has been calling for court reforms. The U.S. Senate Democrats have led an effort to enact an ethics code for the Supreme Court. Congress imposing an ethics law on the Supreme Court raises separation of powers issues, which I have written about here. This week, the court announced the adoption of an ethics code drafted by the Court itself that all nine justices have signed on to. The new code lays out guidelines for the Justices to consider when it comes to conflicts of interest. The code requires transparency and is self-enforcing, avoiding questions about the constitutionality of an outside entity having authority over the Court. Unsurprisingly, Senate Democrats find the code insufficient to address their concerns, and have vowed to continue to push for legislation. If you are so inclined, you can read the new ethics code here.
More separation of powers
I have written a few times about Chevron deference, the legal doctrine that says courts must give deference to executive branch agency interpretation of agency rules. This term, the U.S. Supreme Court has agreed to hear a series of case may, hopefully, be the demise of the doctrine. Deseret News published an article this week that does a good job explaining Chevron deference, its impact on separation of powers, and what we may expect from the Supreme Court. You can read the article here.
Free speech and the rule of law
This week, Bari Weiss was the Keynote speaker at the Federalist Society’s annual conference. Bari is not your typical FedSoc keynoter. She is a journalist who used to write for the New York Times and is left leaning in her politics. She is also, however, passionate about traditional American values like free speech, the rule of law, hard work and advancement by merit. She opposes Wokism and the identity politics, DEI bureaucracies and cancel culture associated with it. This unites her with the lawyers she was addressing. Bari spoke about the October 7 terrorist attack on Israel. She connected the Wokism at campuses, corporate board rooms and government bureaucracies to the antisemitic, pro-terrorist demonstrations we’ve witnessed in America and around the world. I encourage you to digest what she has to say. You can read her remarks here on Ilya Shapiro’s Substack. Better yet, you can listen to her remarks here. I am working on a piece to expand on Bari’s comments that I will hopefully publish soon.