They Should Have Recused Themselves

Up until the current Supreme Court the justices were beyond reproach but the current Supreme Court crossed that line?

Justices Thomas and Scalia have attended a Republican strategy meeting that was organized by Koch Industries and they also attended a dinner that was sponsored by the by the law firm that would be arguing the case Affordable Care Act (Obamacare) the next day. Also justice Thomas wife raised money to contest Affordable Care Act.

The Huffington Post wrote,

"This is certainly worth more reporting," said Stephen Gillers, a professor of law at New York University. "It is intriguing because the Koch brothers are so politically active and identify with a point of view. I know I would be curious to know exactly what forums the Justices went to. Obviously they could not go to a strategy session about how to elect more Republicans. On the other hand if it was a forum on the meaning of the First Amendment and it didn't involve strategy or fundraising a Justice could appear... It's fascinating and it merits more reporting."

What complicates the report, as Gillers notes, is that the Supreme Court, very recently, handed down a major decision on campaign finance law that Koch Industries quickly utilized. Citizens United overturned existing law by ruling that corporations could spend unlimited amounts of money on federal elections. Koch has always been an active political and philanthropic giver. And its checks have been sent to Democrats as well as Republicans (though weighted more heavily to the latter). This cycle, however, the company has become one of the premier bankrollers of conservative causes, and earned the enmity of Democrats for doing so.

There is a bill (HR2902: Supreme Court Ethics Act of 2013) before Congress on the ethics of the Supreme Court,

(2) The Code of Conduct for United States Judges (referred to in this subsection as the Code) applies to all Federal judges except Justices of the Supreme Court. Justices of the Supreme Court are not formally bound by any code of conduct. Chief Justice John Roberts noted in the 2011 Year-End Report on the Federal Judiciary that while the Judicial Conference, which promulgates the Code, does not have authority to bind the Supreme Court, the Code is nonetheless the starting point and a key source of guidance for the Justices as well as their lower court colleagues.
(3) Congress has the authority to regulate the administration of the Supreme Court of the United States. For example, Congress sets the number of justices who sit on the Supreme Court and how many constitute a quorum, the term of the court, meaning the dates the court will be in session, and the salaries of the Justices. Additionally, the Ethics in Government Act of 1978 (5 U.S.C. App.) requires most high-level Federal officials in all 3 branches, including the President, Vice President, cabinet members, Justices of the Supreme Court, and Members of Congress, to file annual financial disclosure statements.

It is time to hold the Supreme Court Justices to the same standards as the other federal judges. The Huffington Post goes on to say,

"I think it is very important for judges to be part of the real world and to appear in public for educative purposes to help explain the arcane mysteries of the court to the general public," said William G. Ross, a judicial ethics professor at Samford University's Cumberland School of Law. "That is very healthy and I don't think that judges should isolate themselves in a marble palace... However I am very troubled by the tendency of judges to make broader comments on public issues and to appear in public or private gatherings in which there are political overtones."