In August 2024, Professor McGinniss’ article, Declaring Independence to Secure Integrity: The Supreme Court Justices’ Code of Conduct, was published online in Volume 25 of the Federalist Society Review, the legal journal produced by the Federalist Society for Law & Public Policy Studies.
In his article, Professor McGinniss provides an overview and legal analysis of the Code of Conduct for Justices of the Supreme Court of the United States, adopted in November 2023, which he argues “represents a bold and appropriate declaration of the Court’s independence in the face of the recent surge of congressional and media-driven efforts at intimidation of the individual Justices to influence their adjudication of cases.” He concludes that “[s]ound constitutional interpretation and principles of separation of powers establish that Congress lacks the institutional authority or policy prerogative to impose ethics regulations on the Court”; and that, “[w]ith proper respect for the Supreme Court’s decisional and institutional independence, Congress’ exclusive post-confirmation recourse for what it regards as ethical misconduct by individual Justices is impeachment and removal under the Impeachment Clauses.”