‘Sotomayor Rule’ exposes the Supreme Court’s porous ethics code

My new essay for The Hill uses the Supreme Court justices’ book sales to illustrate the porousness of their unenforceable code of conduct. Here is the gist: 

‘Sotomayor Rule’ exposes the Supreme Court’s porous ethics code

In July 2023, the Associated Press reported that Sotomayor’s “tax-funded court staff” had been pushing book sales at her speaking engagements. 

When the Supreme Court issued its code of conduct, just a few months after the Associated Press expose, it included an entirely novel provision in Canon 4A, that is found in no other court’s code. The “Sotomayor Rule,” as it might be called, states that “a justice may attend and speak at an event where the justice’s books are available for purchase.”  

But that’s not all. A few paragraphs down the page, Canon 4G greatly expands the rule by authorizing justices to use their staff and chambers to “materially support…activities permitted under these Canons,” which uniquely includes making books “available for purchase.” 

This provision is directly contrary to the lower courts’ code, which expressly prohibits the substantial use of chambers or staff for “extrajudicial activities,” including those otherwise permitted.

Thus, the justices have invented a right to put their staffs to private use — including, by the terms of Canon 4D, the management of investments — which is appropriately denied to all other U.S. judges.

You can read the entire essay at The Hill.