.HayesBrown: The liberal justices' silence about Clarence Thomas' ethical lapses speaks volumes.
. We also don’t know whether Roberts ever actually extended Durbin’s invitation to testify to any of them, but we can assume given their lack of outreach to the committee that they agreed with his declination.
The sad irony is that in their silence Kagan, Sotomayor and Jackson are acting more in concert with the founders’ intentions than any of the Republicans attending Tuesday’s hearing. The overwhelming presumption among the framers of the Constitution was that each of the spheres of power would act in its own interest and in doing so prevent the two others from gaining total dominance.
If Kagan, Sotomayor and Jackson truly believe that it is only the Supreme Court that has the ability to govern itself, then they need to be more forceful in putting that self-regulation into practice. They need to be willing to tell Congress if, as it appears from the outside, there is no effective way for that to happen. And they need to be willing to speak out about whether they believe Thomas violated the ethics code that they have now signed onto.
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