A modest proposal for how Congress could kill lots of birds with one stone—and create at least a modicum of enforcement pressure for whatever ethics rules the justices ultimately adopt
would either the 3AIG or the Judicial Counsel have any constitutional power at all to enforce monetary penalties against justices? I know the constitution prevents messing around with their salaries. But how about disgorgement of the value of any unreported financial benefits over a certain amount, after X number of warnings?
The "certain amount" would be set so that some minor benefits--say having someone else pay for going out to a celebratory dinner for someone elses's birthday or graduation or whatever--which might be forgotten--wouldn't trigger disgorgement, or perhaps even reporting.
I like your suggestion. It's not perfect but it's heading in the right direction and is much, much better than what's done now.
would either the 3AIG or the Judicial Counsel have any constitutional power at all to enforce monetary penalties against justices? I know the constitution prevents messing around with their salaries. But how about disgorgement of the value of any unreported financial benefits over a certain amount, after X number of warnings?
The "certain amount" would be set so that some minor benefits--say having someone else pay for going out to a celebratory dinner for someone elses's birthday or graduation or whatever--which might be forgotten--wouldn't trigger disgorgement, or perhaps even reporting.