Litigation

Washington Post: Justices out of the Cloister

By Peter Hardin

Amid a clamor about Supreme Court justices appearing before politically aligned groups, a Washington Post editorial proposes a middle ground to protect public trust in the court.

Justices should not have to lead a monk’s life, yet there ought to be a way for them to make public appearances without drawing grave questions about their impartiality, the editorial contends:

“Justices should not be forced to live cloistered lives devoid of meaningful exchanges with individuals and outside groups – even those with strongly held beliefs. But they should be careful not to put themselves in situations where their impartiality is cast in doubt or allow themselves to be seen as on one side. The legitimacy and independence of the high court are at stake.”

How to do this? The editorial offers suggestions:

“Justices should ensure that all outside appearances are open to the public or the press to discourage the kind of conspiracy theories that inevitably surround closed-door events. They should consider paying their own way or, if possible, seeking court funds to underwrite travel that has a legitimate educational purpose, to eliminate concerns about being indebted to outside groups.”

A similar editorial in the Providence (R.I.) Journal is entitled, “The justices’ junkets.” You can learn more about the controversy that has sparked such editorial opinion from Gavel Grab.

Full post as published by The Gavel on February 21, 2011 (boomark / email).