Optional Rule of Law

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Law and Courts · Political Power · White House · Business · politics

The carpet in the committee room smells like dust and burnt coffee, and the microphones give off an insect whine as aides shuffle binders they won’t quote from. On the wall, a flat screen cycles a world map from yellow to red—Denmark bright as a lighthouse, the United States a muted band:65 out of 100 on Transparency International’s 2024 Corruption Perceptions Index, published in February 2025.¹ ² The CPI doesn’t count indictments; it aggregates expert and business surveys, standardizes them to a 0–100 scale, and publishes a confidence band—less a verdict than an X-ray of whether systems look like they can police themselves.³ That matters now because the global context is sliding: freedom has declined year after year, and investor due-diligence and financial-crime standards are tightening, not relaxing.⁴ ⁵

If you grew up with the civics-class version of America, 65 isn’t a disaster; it’s worse—it’s ordinary. Down from the mid-70s a decade ago, the U.S. has normalized into the upper-middle of the pack, trailing Germany and Japan, barely edging France.¹ ² ²² For a superpower selling the rule of law as an export, ordinary is a problem of credibility and cost. Moods move money and behavior: if decision-makers perceive the rules as negotiable, they act that way.³ ⁴

The first hairline crack shows up where we pretend it can’t: the Supreme Court. In November 2023, the Court adopted its first-ever Code of Conduct—historic, and notably self-policed, with no independent enforcement mechanism.⁶ ⁷ The absence isn’t theoretical. As ProPublica documented, Justice Clarence Thomas “accepted luxury trips virtually every year” from a billionaire benefactor, undisclosed for years.⁸ “Rules without teeth read like suggestions,” one ethics lawyer told me in a hallway between hearings, not triumphantly but like someone naming a leak you can already hear. (Supreme Court code and oversight context. ⁶ ⁷ ⁸)

The judiciary isn’t alone in signaling that accountability is negotiable. After years of bipartisan work to end anonymous shell companies, the Corporate Transparency Act’s beneficial-ownership regime finally arrived—and then fell into legal and policy limbo. In March 2025, Treasury’s FinCEN issued an interim final rule exempting all U.S. companies and U.S.

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