May 18, 2023

Sneak Peek: How unreported gifts and luxury travel are harming the Supreme Court’s legitimacy

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Summary

Podcast Episode Summary

The latest episode of Apple News in Conversation, hosted by Shamita, explores the institutional crisis at the Supreme Court and potential reforms. The conversation centers around the concept of separation of powers and accountability within the judicial branch.

Key Participants:

Shamita, host of Apple News in Conversation
Stephen Vladeck, law professor at the University of Texas and Supreme Court expert

Main Topic:

The main topic of the episode is the institutional crisis at the Supreme Court, focusing on the issue of accountability and the separation of powers.

Key Points:

The Constitution aims for the federal judiciary to be independent but not unaccountable.
Recent revelations of potential ethics violations by Supreme Court justices, including Justice Clarence Thomas and Justice Neil Gorsuch, have raised concerns about the court's functioning.
These incidents are part of a larger departure from norms and highlight the need for reform to strengthen the institution.

Show Notes

Recent allegations of ethical violations have reignited a debate about establishing an enforceable code of conduct for Supreme Court justices. University of Texas law professor Stephen Vladeck argues the latest revelations concerning several justices speak to a much larger breakdown in the way the court operates today. He writes about this in his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Vladeck spoke with Apple News In Conversation host Shumita Basu about the absence of accountability on the court — and how reforming it could lead to a stronger, more trusted institution. This is a preview of that conversation.

Transcript

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Shamita Basu: Hey there, it's Shamita here. You know me from hosting Apple News Today, but I'm also the host of our weekly interview podcast, Apple News in Conversation. It's a show that explores a wide range of topics, from artificial intelligence to personal finance to mental health, all in interviews with journalists, experts and deep thinkers.

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Shamita Basu: Our latest episode is about the institutional crisis at the Supreme Court and what reform could look like. See, we're taught that our government is based on a system of checks and balances. The executive branch, legislative branch, judicial branch, they're all supposed to be able to rein each other in.

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Shamita Basu: But with the Supreme Court's code of ethics under so much scrutiny lately, the question is, who is above the highest core in the land? Separation of powers is a two-way street, and I think this is where the conversation has gone off the rails.

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Stephen Vladeck: That's right, Shamita. There's no doubt that the Constitution intends for the federal judiciary to be independent. But there also no doubt that independence does not mean unaccountable.

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Stephen Vladeck: The most recent calls for more accountability come after ProPublica reporting earlier this year that revealed that for more than two decades, Justice Clarence Thomas had accepted unreported gifts and luxury trips from a billionaire Republican donor.

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Stephen Vladeck: Justice Thomas has said he was advised he didn't need to disclose those trips because they were considered personal hospitality. Justice Thomas has been criticized in the past for other possible ethics violations, including his wife Ginny Thomas' involvement in attempts to undermine the 2020 presidential election.

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Stephen Vladeck: He's not the only justice under the microscope. Politico recently found that Justice Neil Gorsuch didn't disclose selling property to a law firm CEO with multiple cases before the court.

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Stephen Vladeck: These latest revelations are part of a larger departure from norms, a real breakdown in the way that the court is supposed to function, and that reforming it could lead to a better, stronger institution.

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Shamita Basu: My full conversation with Steve is out now. To hear the episode, search for Apple News in conversation in the podcast app.