opinion
Judicial Reform at the Supreme Court
Photo by Phil Roeder / Creative Commons Attribution 2.0 Generic license
O ver the past several months, when the
topic of judicial reform comes up in
discussion, many of us think of the disturbing
drama playing out in the Knesset and in the
streets of Israel over the controversial “judicial
reform” package being promoted by Israel’s
governing coalition.

But here at home, there is another judicial
reform debate ― this one relating to the absence
of a formal code of ethics for the justices of the
Supreme Court.

In theory, Supreme Court justices are subject
to the same fi nancial disclosure rules as other
high-level federal offi cials. But no one other than
the justices themselves is empowered to enforce
those rules against members of the court. As a
result, each justice decides independently how
The inside of the United States Supreme Court
to comply with disclosure rules. Similarly, justices
decide how to handle case recusals and the extent to Court adopt a binding code of ethics for justices similar
which they may engage in political and other activities.

to the one developed by the Judicial Conference
Based upon several reports of Supreme Court justices of the United States for other federal judges. And
either obscuring or omitting key fi nancial details in their now, Congress is getting involved. Senate Judiciary
disclosure forms, along with overall discomfort with the Committee Chair Dick Durbin (D-Ill.) recently invited Chief
justices engaging in unaccountable self-regulation on Justice John Roberts or a justice of his choice to testify
ethical issues, questions have been raised about the before the Judiciary Committee on the “steady stream of
wisdom of maintaining the status quo and the need for a revelations regarding justices falling short of the ethical
standards expected of other federal judges and, indeed,
formal code of ethics for the Supreme Court.

A few months ago, the American Bar Association’s of public servants generally.”
Roberts “respectfully” declined the Durbin invitation,
House of Delegates recommended that the Supreme
citing separation of powers and judicial
independence concerns, but noted in his
response that there is “a Statement of Ethics
Principles and Practices to which all of the current
Members of the Supreme Court subscribe.”
Durbin’s follow-up questions regarding the
Statement of Ethics and other issues have not
been answered.

For now, it appears that the Judiciary Committee
is reluctant to issue subpoenas to compel
testimony from members of the Supreme Court,
since such a move would trigger a constitutional
confrontation over the separation of powers
between the legislature and the judiciary and
raise concerns about the independence of the
judiciary. But the issue is not going away. It needs
to be addressed.

Roberts can avoid a constitutional crisis,
protect the independence of the court and take steps to
enhance respect and confi dence in the Supreme Court
by using his position as chair of the Judicial Conference
to create a committee, consisting of respected judges,
lawyers, academics and ethics experts charged with the
establishment of a formal code of conduct for the high
court that specifi es how the rules will be enforced and
by whom.

Such a result would respond to mounting concerns
about the Supreme Court and obviate the need for
congressional involvement. ■
Jewish American Heritage Month
T he month of May is Jewish American Heritage
Month. This year’s formal launch was announced
by President Joe Biden last Friday. In his remarks, Biden
praised “Jewish Americans, whose values, culture and
contributions have shaped our character as a Nation,”
even as he noted the “dark side” of the American Jewish
experience and “the record rise of antisemitism today.”
We can’t help but focus on that “dark side,” as rising
antisemitism impacts so much of our daily lives. The
statistics are chilling. The American Jewish community is
estimated to number 7.5 million people ― a miniscule 2%
of the U.S. population ― and yet, the Jewish community
is the target of close to 60% of religiously motivated hate
crimes in America.

Although Biden didn’t review those numbers, his
remarks recognized them, and he listed steps his
administration is taking to combat antisemitism and
to address the disturbing culture of hate that festers
beneath the antisemitism surface.

While we welcome the administration’s caring
responses, we remain uncertain of the effi cacy of the
eff orts. As we have observed before, the problem
of antisemitism has nothing to do with Jews. It has
everything to do with antisemites. As such, the number
of Jews in America is irrelevant. What matters is the
number of antisemites and what is being done to
address their irrational hate.

We have been puzzled by the selection of May for
the celebration of Jewish American Heritage ever since
President George W. Bush inaugurated the practice in
2006 after both houses of Congress passed resolutions
urging him to do so. The period around May is when
we commemorate the Holocaust and celebrate the
anniversary of Israel’s independence. No one seems
terribly focused on American Jewish Heritage.

Perhaps as part of eff orts to address antisemitism,
some meaningful opportunities will be developed
to discuss Jewish contributions to the rich history of
America. And hopefully that discussion will go beyond
the tired cliches of bagels, Jewish mothers and
matzah ball soup.

In that regard, we note the impressive and expanding
number of websites that seek to tell the Jewish story in
America focused on substance and historical information.

We applaud the Library of Congress, the National
Archives and other institutions in Washington, D.C.,
including the Jewish Community Relations Council of
Greater Washington; the Weitzman National Museum of
American Jewish History in Philadelphia and the Jewish
Museum of Maryland in Baltimore for off ering resources
to a national audience. Together, they are telling the
proud story of Jewish American Heritage all year round.

Unfortunately, when it comes to the public celebration
of Jewish American Heritage Month, much of that
substance is lost. Rather, just like St. Patrick’s Day is
forever linked to the consumption of green beer, Jewish
American Heritage Month will be marked by bagels and
lox ― the featured off ering at a congressional breakfast
last month to mark the coming Jewish American
Heritage Month.

On balance, we appreciate the communal recognition.

We just wish there was something meaningful to go
along with it. ■
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