Stephen I. Vladeck Courtesy of University of Texas School of LawThat mantra was ringing in my head as I reviewed the code of conduct voluntarily adopted by the Supreme Court on Monday, the first such formal code to govern the justices. In adopting these rules, the Supreme Court didn’t address that issue at all. Congress controls when and where the court sits; until 1935, the court sat in the Capitol — a powerful reminder of which branch was beholden to which. But it’s the least-worst alternative to a problem that the Constitution necessarily creates: how to have an independent Supreme Court that is nevertheless at least loosely accountable to the political branches. Accountability and independence aren’t mutually exclusive — something the justices are tacitly conceding by agreeing for the first time to formally adopt a code of conduct.

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Persons: Stephen I, Charles Alan Wright, Robert Jackson, Clarence Thomas, Samuel Alito, they’ll, —, ”, John Marshall, it’s, I’ve, couldn’t, aren’t, ” isn’t, shouldn’t, Ronald Reagan Organizations: University of Texas School of Law, CNN, Supreme, Soviet, University of Texas School of, Judicial Conference, United, Congress, Capitol, Democratic, Republicans Locations: United States