Kagan emphasized during her speech that 'it seems like a good idea in terms of ensuring that we comply with our own code of conduct.' She believes that implementing an enforcement mechanism would increase public confidence in the judiciary's adherence to ethical standards. The establishment of a clear enforcement rule is vital for maintaining the integrity of the Supreme Court, which is crucial for public trust in the judicial system.
Critics worry that creating an enforcement panel might lead to an increase in unsubstantiated claims against justices. Kagan countered these fears by highlighting the existing situation: 'I mean, there's, like, lots of ability now to make unfounded charges about what justices do and don't do.' Her argument reinforces the belief that the current environment for complaints is already significant and may not worsen with additional oversight.
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