Ethics

Sen. Sessions asked Elena Kagan if she thought Miguel Estrada was qualified to sit on the circuit court (Bush 1 had nominated him but the nomination died in the Senate). Kagan said he was qualified even for the Supreme Court. Asked if she would write a letter supporting an Estrada nomination, she said yes. Could she? The Code of Conduct for US Judges says:

"A judge should not lend the prestige of the judicial office to advance the private interests of others..."

Could a judge or justice write in support of judicial nominee? For example, could Justice Stevens have written a letter to the Judiciary Committee urging Kagan's confirmation? And if he could, could a different justice write to the committee and urge a no vote?

I realize the Code of Conduct does not literally bind the Justices but the questions are worth asking.