The Supreme Court of the United States is the final arbiter of the Constitution, and its members have a responsibility to pursue appropriate behavior in statements and actions outside of their direct work on the Court.
But now we are witnessing totally unprofessional, unethical behavior and open bias on the Court by its three most conservative members: Antonin Scalia, appointed by Ronald Reagan in 1986; Clarence Thomas, appointed by George H W Bush in 1991; and Samuel Alito, appointed by George W. Bush in 2006!
All certainly have a right to their views of the Constitution, but all three have by word or deed acted inappropriately, and in so doing, have undermined the image and respect of the Court, which is so crucial for its continued stature.
Never in history have we seen Supreme Court Justices be so openly political! 🙁
Justice Scalia allowed himself to be exploited by the Tea Party Movement and Congresswoman Michele Bachmann of Minnesota, in agreeing to speak about the Constitution at an openly political meeting on Capitol Hill. This is not the role for a Supreme Court Justice, as also it is not appropriate for him to speak before conservative groups and attack liberal doctrines, as for instance claiming that women and gays are not protected by the Constitution in an interview published in a legal magazine. How can he be seen as being objective and open minded when cases on such matters come before the Court in the future? Should he come into cases with preconceived notions? 🙁 The answer is NO! 🙁
At the same time, Justice Thomas also openly speaks his mind in public events, even though he never asks questions in oral arguments. Additionally, his wife, Virginia Thomas, has been openly involved in Tea Party and conservative causes, including the group Liberty Central, which benefited from the Citizens United Case last January, allowing corporations unlimited rights, for the first time in a century, to contribute to and fund political causes.
Finally, Justice Alito openly mouthed “not true”, when President Obama criticized the Citizens United Case in his State of the Union address a year ago, and has spoken before conservative fundraisers, as has both Scalia and Thomas.
The dignity and prestige of the Court are at stake, as the Court becomes politicized, not part of the purpose of the Founding Fathers, when they decided we needed a Supreme Court in Article 3 of the Constitution, and in the passage of the Judiciary Act of 1789.