Originally published last year, this post has been updated, revised and expanded in light of recent revelations
The New to Las Vegas world headquarters has obtained earlier drafts of the new U.S. Supreme Court ethics code announced in November 2023. To avoid bias, the court in conference had asked that the first version be written by AI “in the style of John Marshall Harlan.” He was the conscience of the Supreme Court more than a century ago with his dissents favoring civil liberties and equal rights.
But since unanimity was required in the court for the new code, the objection of any one justice required a provision to be struck. As the draft went through the review process, a large amount of extremely specific material was cut, leaving behind blander generalities.
Here is a leaked list of deleted passages and the justice or justices who vetoed them. Only Ketanji Brown Jackson, the newest justice, objected to nothing. It should be noted that the Supreme Court itself declared unanimously in Hustler v. Falwell, 485 U.S. 46 (1988), that political satire is protected speech under the First Amendment.
CANON 3(A): “A justice shall not display for public view, or allow to be displayed for public view, a flag or other other emblem on property reasonably under the control of the justice if that flag or emblem could be construed by others as an opinion on a matter before the Court or likely to come before it.” SAMUEL A. ALITO Jr. Continue reading