As members of the United States Supreme Court, Justices Antonin Scalia and Clarence Thomas are not technically bound by the “Code of Conduct for United States Judges.” Still, it is considered appropriate for them to uphold the principles of the ethics code that is binding on all other U.S. Federal District and Appellate judges. At the least, they are widely expected not to be blatantly contemptuous of those standards. Alas, they apparently can’t be bothered with the ethical standards that govern federal judges a rank of two beneath themselves.
That was again made appallingly clear last Thursday. That’s when they met with their Supreme Court colleagues to consider whether to officially review the constitutionality of the nation’s landmark health care reform. After hours of deliberation on the challenges to the sweeping reform law by 26 Republican-governed states, they agree to hear the lawsuit — a decision the court officially announced Tuesday. They considered it such an important case that they booked a record 5.5 hours for the arguments next March on the case, which many analysts believe will roil the presidential election currents when the court’s decision is delivered in June.
And a few hours later last Thursday, they appeared as honored guests and principal participants at the annual dinner of the Federalist Society, an arch conservative group whose members and sponsors vociferously oppose the reform act, including some that are active participants in arguing or funding the lawsuit against it.
The dinner, the program prominently noted, was sponsored by five corporations, including Pfizer Inc., the giant pharmaceutical company with a huge stake in the outcome of the lawsuit. Another listed sponsor was Bancroft PLLC, the law firm of Paul Clement, who was seated nearby the justices, and who will stand before the court and make the plaintiffs’ argument against the health care reform act.
Justices Scalia and Thomas were not merely guests at the dinner. Though they have long attended Federalist Society dinners, they were especially honored at Thursday’s event. As the program for the dinner highlighted, Justice Thomas was introduced by C. Boyden Gray, a prominent member of prior Republican administrations. Justice Scalia was introduced by former U.S. Attorney General Edwin Meese II, who is now with the conservative Heritage Foundation.