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The two of them had it made. They lived in the greatest resort in the world, with everything they could possibly need and want, and were best friends with the guy who made it. They just had to avoid doing one small thing he told them not to do. And they did it because a stranger told them to. Why? Who knows. They tried to talk their way out of it, but the big guy booted them out.
The story of Adam and Eve should be on the summer reading list for Supreme Court Chief Justice John Roberts and some of his colleagues, as they refuse to consider an ethics code for the high court.
The obvious need for one won’t go away. The court’s senior justice, Clarence Thomas, has yet again come into the news for taking very expensive gifts from very rich people, gifts he did not disclose to his colleagues or to the public. In its second major report on the justice, the investigative organization ProPublica found that “Thomas’ leisure activities have been underwritten by benefactors who share the ideology that drives his jurisprudence.”
These include: “At least 38 destination vacations, including a previously unreported voyage on a yacht around the Bahamas; 26 private jet flights, plus an additional eight by helicopter; a dozen VIP passes to professional and college sporting events,” and much more.
Mr. Thomas has claimed these gifts did not affect his decisions. That may be true, but he would be the rare human being whose choices aren’t moved by gifts. Benefactors have said they never tried to influence him. Possibly, but they would be the rare human beings who would not use the chance to ask for something they want.
But even if everyone behaved angelically, the nine justices have such power and influence that they must be above any possible reproach. That means both the reality and the appearance of propriety. 330 million people must be able to trust that they will do their work as selflessly and objectively as humanly possible.
And this particular court should take even greater lengths to protect its reputation. When you believe you need to tell the nation the Constitution requires something many Americans don’t want, you must make sure the nation feels sure of your integrity. Many will already be questioning your legitimacy because of your beliefs. You shouldn’t give them even more reason because of your behavior.
The justices should remember the story of Adam and Eve. Human beings fall to temptations they thought they never would. They take bad advice and do what bad people seduce them into doing.
The Supreme Court is tasked with interpreting a document written by men with a pessimistic view of human nature, who created a government with checks and balances to temper the effects of our bad behavior. The justices should apply the Founders’ wisdom to themselves, and create a detailed and binding code of ethics, which includes public disclosure of gifts — especially those of the magnitude Clarence Thomas received, and kept to himself.
First Published August 12, 2023, 5:30am
