The Supreme Court has a very good code of ethics—pronounced so by no less a light than Justice Elena Kagan—but it lacks teeth sufficient enough to suit that same light. So Kagan wants—and she’s serious—a panel of lower court judges to pass judgment on claimed ethics violations done by a Justice.
There’s a problem with that. Here’s what Art III, Section 1, of our Constitution says about our courts and our judges and Justices:
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
The editors of the WSJ understand this full well:
The Supreme Court was established by the Constitution, but the lower courts were created by Congress. A lower-court tribunal would therefore subject the High Court to supervision by a creature of Congress, which is constitutionally dubious.
It’s not just dubious; such a travesty would be a blatant violation of the separation of powers that our Constitution has created for our Federal government.
How is it that the Light of the Supreme Court does not understand this?