Presidential Commission on the Supreme Court of the United States
more fully consider the suitability of this case for review, including these circumstances, I vote to grant the stay as a courtesy.” Arthur v. Dunn, 137 S. Ct. 14 (2016) (mem.) (statement of Roberts, C.J., respecting the grant of the application for stay).
- ↑ Mooppan Testimony, supra note 79, at 5 (“If the Supreme Court is to take such consequential action, it should be done only if a majority of the Justices vested with the judicial power of the Court actually agrees with that action.”).
- ↑ Freedman, supra note 100, at 652 n.55 (quoting Memorandum from Justice William H. Rehnquist, Supreme Court of the U.S., on Darden v. Wainwright to the Conference 2 (Sept. 9, 1985)). At various points over the past few decades, more than four Justices (albeit not all serving at the same time) have expressed their opposition to the death penalty. Some but not all made a regular practice of voting in favor of every capital defendant seeking relief at the Court. See, e.g., Callins v. Collins, 510 U.S. 1141, 1145 (1994) (Blackmun, J., dissenting from denial of certiorari); see also Green v. Zant, 469 U.S. 1143, 1143 (1985) (mem.) (Brennan, J., joined by Marshall, J., dissenting) (“Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, I would grant the application for a stay of execution.”) (citation omitted); Baze v. Rees, 553 U.S. 35, 86 (2008) (Stevens, J., concurring) (“[T]he imposition of the death penalty represents the pointless and needless extinction of life with only marginal contributions to any discernible social or public purposes.”) (quotation omitted); Glossip v. Gross, 576 U.S. 863, 909 (2015) (Breyer, J., joined by Ginsburg, J., dissenting) (“[M]y own 20 years of experience on this Court, that lead me to believe that the death penalty, in and of itself, now likely constitutes a legally prohibited cruel and unusual punishment.”); see generally Carol S. Steiker & Jordan M. Steiker, Courting Death: The Supreme Court and Capital Punishment ch. 2 (2016).
- ↑ Freedman, supra note 100, at 652 n.55.
- ↑ Swarns Testimony, supra note 78, at 5.
- ↑ 2011 Year-End Report on the Federal Judiciary 4 (2011) [hereinafter 2011 Year-End Report], https://www.supremecourt.gov/publicinfo/year-end/2011year-endreport.pdf.
- ↑ Hearings Before a Subcomm. of the H. Comm. on Appropriations, 116th Cong. (2019) (statements of Hons. Samuel Alito & Elena Kagan, Associate Justices, U.S. Supreme Court), https://www.govinfo.gov/content/pkg/CHRG-116hhrg38124/html/CHRG-116hhrg38124.htm.
- ↑ In the past decade, observers have argued that Justices transgressed provisions of the Code by participating in fundraising dinners for outside organizations or by overtly criticizing political candidates, to take two prominent examples. See, e.g., Andrew Rosenthal, Step Right Up. Buy Dinner with a Justice, N.Y. Times (Nov. 10, 2011, 4:30 PM), https://takingnote.blogs.nytimes.com/2011/11/10/step-right-up-buy-dinner-with-a-justice; Editorial Board, Justice Ginsburg’s Inappropriate Comments on Donald Trump, Wash. Post (July 12, 2016), https://www.washingtonpost.com/opinions/justice-ginsburgs-inappropriate-comments-on-donald-trump/2016/07/12/981df404-4862-11e6-bdb9-701687974517_story.html. Justice Ginsburg later apologized for her comments and acknowledged that “[j]udges should avoid commenting on a candidate for public office.” Meg Anderson, LISTEN: Justice Ginsburg Expands on Decision to Apologize for Trump Remarks, NPR (July 14, 2016), https://www.npr.org/2016/07/14/486080234/listen-justice-ginsburg-expands-on-decision-to-apologize-for-trump-remarks.
- ↑ See, e.g., Ethics Handbook for On and Off-Duty Conduct, Dep’t of Justice (Jan. 2017), https://www.justice.gov/jmd/ethics-handbook; Code of Business Conduct and Ethics, Amazon, https://ir.aboutamazon.com/corporate-governance/documents-and-charters/code-of-business-conduct-and-ethics/default.aspx (last accessed Oct. 25, 2021); Code of Ethics, ExxonMobil, https://corporate.exxonmobil.com/About-us/Who-we-are/Corporate-governance/Code-of-ethics#Overview (last accessed Oct. 25, 2021).
- ↑ 28 U.S.C. § 351(a).
- ↑ Id. § 351(d).
- ↑ See, e.g., Patrick M. Erwin, Corporate Codes of Conduct: The Effects of Code Content and Quality on Ethical Performance, 99 J. Bus. Ethics 535 (2011) (finding that quality codes of conduct can positively affect culture in
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