Kagan’s High Court Ethics Proposal Poses Enforcement Challenges

Impaneling a committee of judges to enforce the US Supreme Court’s ethics code as suggested by Justice Elena Kagan could improve public confidence but would likely be toothless in practice, legal scholars said.

During a speech at a judicial conference in Sacramento, California, on Thursday, Kagan said a committee of highly respected judges appointed by the chief justice could be a solution to the lack of an enforcement mechanism in the court’s newly adopted code of conduct.

“It’s feasible, but it will achieve nothing,” said Stephen Gillers, an emeritus professor at New York University School of Law who’s written about ...