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Chris Geidner's avatar

OK, many folks disagree with this. First: If I had it to do over again, I would have added in part of the subhead somehow into the headline — about the unenforceability — to make absolutely clear everywhere that I don't think this is sufficient. But, obviously, the piece from the subhead forward makes that clear.

The bottom line is: Go for it, keep pushing the court. I will, likely within days. I'm not saying this is good; I explicitly say it's not sufficient. But, I don't think it's meaningless. I think saying it is gives in in a way that is not helpful to holding the court accountable.

Even an unenforceable code isn’t meaningless. They blinked. It’s an admission against interest. Use it. This is an institution that refused live audio until a global pandemic! This movement from the court — as small as it is — is due to reporting and advocacy and public pressure. It’s a crack that shows — despite Alito's whining — how reasonable (and effective) the reporting and advocacy about the court's ethics failures have been.

I'm not sure why those seeking to reform the court or those seeking to hold the court accountable wouldn't take this as the clear win it is — the court, fundamentally, did not want to acknowledge this, and yet, on Monday, the justices did — and use it to keep pushing for more.

There will be reporting — here and elsewhere (including above) — about how insufficient or outright bad some of the specifics are. There will be reporting on how this could be used as an excuse to "clear" certain questionable behavior — and how certain other behavior wouldn't even meet this low bar. It gives us something to use. And yes, as someone noted in comments, someone should redline this to craft what they view as a better goal for a code of conduct.

I see this as a tool for moving forward, and, again, an admission against interest — not a solution in any way. In any event, I do appreciate the pushback! Come for me when you think I'm wrong; it keeps me on my toes, helps me think through my thoughts, and sometimes gets me to change my views.

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John D. Hackensacker III's avatar

For the time being, the enforcement mechanism is us. Keep pushing, you all.

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