Abstract

http://ssrn.com/abstract=2144934
 


 



Stonewalling, Leaks, and Counter-Leaks: Scotus Ethics in the Wake of NFIB v. Sebelius


Steven Lubet


Northwestern University - School of Law

Clare Diegel


Northwestern University - School of Law

September 10, 2012

Northwestern Public Law Research Paper No. 12-23

Abstract:     
The United States Supreme Court is the only court in the United States without a clearly defined ethics code. In the wake of the controversy over possible leaks from justices’ chambers following the decision in NFIB v. Sebelius, and in light of legislation recently introduced in Congress, this paper suggests two reforms for the Supreme Court. First, the time has finally come for the Court to adopt a comprehensive Code of Conduct. Second, the Court should alter its current recusal practice – in which decisions are made exclusively by individual justices – and instead resolve disqualification motions by a vote of the full court.

Number of Pages in PDF File: 18

Keywords: SCOTUS, recusal, disqualification of judges, judicial ethics

JEL Classification: K10, K40

Accepted Paper Series





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Date posted: October 17, 2012  

Suggested Citation

Lubet, Steven and Diegel, Clare, Stonewalling, Leaks, and Counter-Leaks: Scotus Ethics in the Wake of NFIB v. Sebelius (September 10, 2012). Northwestern Public Law Research Paper No. 12-23. Available at SSRN: http://ssrn.com/abstract=2144934

Contact Information

Steven Lubet (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
312-503-6605 (Phone)
Clare Diegel
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
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