A Scholar's View of Supreme Court Leaks—and Why Chief Justice Roberts Presides Over an 'Accountability-Free Zone' (Feat. Steven Lubet)
Despite the aftershocks of Politico obtaining and publishing a draft majority opinion that would overturn Roe v. Wade, monumental Supreme Court leaks have a history dating back centuries. Northwestern University Pritzker School of Law Professor Steven Lubet unpacks that tradition on the latest episode of Law&Crime's podcast "Objections: with Adam Klasfeld" and explains why he believes the chief shares some responsibility for what he calls the Supreme Court's "accountability-free zone." The Supreme Court is the only one in the United States never to have adopted a code of conduct, and it has remained silent in the face of controversies involving justices, on the left and right. In the episode, Lubet traces the development of the first U.S. judicial code of ethics to former President and ex-Chief Justice William Howard Taft, and he explains efforts after Watergate to make those guidelines mandatory, rather than aspirational. He also unpacks ongoing efforts in Congress that would require the Supreme Court to develop an ethics code, create new mechanisms for recusal, and expand access to court proceedings through live-streams. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.