To the Editor:

Noah Feldman’s Feb. 13 Op-Ed article, “Sometimes, Justice Can Play Politics,” uses examples of Supreme Court justices interacting with the political process to rationalize judicial partisanship.

We agree that justices needn’t live like “monks,” but the meetings attended by Justices Antonin Scalia and Clarence Thomas organized by the Koch brothers weren’t high-minded social events. Their purpose was to solicit and direct millions of dollars from wealthy donors to influence elections.

Not only did the justices lend the prestige of their office to an overtly political event, but they also interacted directly with individuals and corporations with interests before the court, and did so in a setting whose entire purpose is to influence political outcomes.

These ethical concerns are why the Code of Conduct governing federal judges prohibits political activity, fund-raising and even the “appearance of impropriety.” Significantly, the code currently doesn’t apply to Supreme Court justices. Congress should correct this anomaly and preserve public confidence in the independence of our courts.