Judicial Ethics

“Look, the conservatives sowed this,” Jay Heck, executive director of Common Cause-Wisconsin, observes of the bad blood on the Court. “They sowed discord.” “What’s happening now is a direct result of conservatives’ decision they’d take all this underground and not meet in public,” says Heck. Given their track record, “If conservatives were the new majority there would be no question about what they’d do,” Heck adds. “They’d name a conservative chief justice and say, ‘We have a 4-3 majority, try to stop us.’” Unlike the conservatives who pushed out Abrahamson, however, the new progressive majority has stopped short of trying to replace Ziegler. Still, Heck has heard from people who worry that the new majority is being too bold and assertive. “Progressives are not really like that. We’re always saying, ‘Let’s do the right thing and the fair thing,’” he says.

Common Cause North Carolina’s Bob Phillips called the ruling “the worst decision, perhaps, the state Supreme Court has ever made.” In her dissent, Justice Anita Earls wrote that “today’s result was preordained on 8 November 2022, when two new members of this Court were elected to establish this Court’s conservative majority.”

Adding partisan labels “encourages the candidates and voters to think about these justices as partisan actors,” said Common Cause Ohio’s Catherine Turcer. “And that's a real problem when it comes to wanting an independent, impartial judiciary.”

Flight attendants use euphemistic doublespeak because, understandably, they want to avoid terms like “hijacking” and "September 11th.” For similar reasons, Jones spoke in broad terms, without directly invoking Trump or January 6th. (There were also other reasons for this, such as Common Cause’s nonpartisan status.) Even so, the implications were clear. At one point, an organizer sitting in the audience stood, using a cane, and gave an impromptu speech, urging listeners to imagine a Supreme Court opinion that enabled legislatures to rig elections at will. “There was a time when I used to think things like that couldn’t happen,” he said. “But then we had January 6th, Roe—these things can happen. They’re happening.”

“It’s a radical departure…a 180-degree change in how we have considered our system of government and the role of courts,” said Hilary Harris Klein, senior counsel for voting rights for a coalition of Southern-based groups, including Common Cause.

The Supreme Court cannot be its own referee. Justices have tried and failed repeatedly at that. We should expect all public officials to abide by high ethical standards when conducting the people’s business -- with no exceptions.