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November 21, 2023

David Souter showed the Supreme Court how to free itself from politics

By
Danielle Allen
Source
Washington Post
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When the Supreme Court introduced , it took a small but helpful step in the direction of democracy renovation. But a bolder step awaits.

A cross-ideological  thinks it鈥檚 time for Supreme Court justices to have term limits. The justices themselves could help us get there.

First, a word about what鈥檚 good in the code of ethics. Critics have noted the absence of an enforcement mechanism, but spelling out bedrock norms and publicly recommitting to them helps to rebuild the . Much like the 鈥溾 of free expression, the court鈥檚 code of ethics doesn鈥檛 say much that鈥檚 new. But saying things out loud matters. Publicly pledging matters.

To put it mildly, our culture is confused about basic norms for good behavior. Broadcasting those norms explicitly helps to change that. Demonstrated adherence will matter even more.

A healthy democracy cannot operate on enforcement mechanisms alone. The only way to stop sliding into a proliferation of investigative and enforcement functions 鈥 and further investigations of the investigators 鈥 is to establish robust norms for good behavior that people adhere to as a matter of their professional standing. I鈥檓 glad the court is willing to spell out its norms and take a public pledge.

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Project

Commission on the Practice of Democratic Citizenship

Chairs
Danielle Allen, Stephen B. Heintz, and Eric P. Liu