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Justice Alito Says ‘No Provision’ In The Constitution Allows Congress To Regulate SCOTUS

by Steven Ahle
July 30, 2023
in Politics
2
Justice Alito Says ‘No Provision’ In The Constitution Allows Congress To Regulate SCOTUS

US Supreme Court Associate Justice Samuel Alito Jr., stands for an official photo with other members of the US Supreme Court in the Supreme Court in Washington, DC, June 1, 2017. / AFP PHOTO / SAUL LOEB (Photo credit should read SAUL LOEB/AFP/Getty Images)

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Just like Ronald Reagan said to Jimmy Carter, “There you go again.” The Democrats know they cannot amend the Constitution on the makeup and terms of the Supreme Court, so naturally, they try to sneak a curveball by the American people by making them believe they have the power to reform the court. But they don’t. The Constitution lays out the fact that the only control Congress has over the Supreme Court is that the Senate must confirm the nominees selected by the president.

For many years SCOTUS was controlled by the Democrats and they were fine with that even when they made horrendous decisions such as Roe v Wade. That was always a state issue and not a federal one. And the Constitution says SC Justices are appointed for life. Justice Alito got it exactly right when he said that Congress has no power to regulate the court.

Alito’s comments come in the face of Democrats’ escalating efforts to impose a code of ethics on the Supreme Court. Do you think Congressional Democrats would forbid Sonia Sotomayor from forcing venues to buy large quantities of her book, making herself a ton of money? Of course not, but if Clarence Thomas would do that they would. They complain that Thomas has taken trips paid for by a close friend, but never raised a whimper when Ruth Bader Ginsburg accepted trips from people with business before the court.

Alito said:

“Congress did not create the Supreme Court. I know this is a controversial view, but I’m willing to say it.”

“No provision in the Constitution gives them the authority to regulate the Supreme Court — period.”

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From The Daily Caller

Alito’s comments come in the face of Democrats’ escalating efforts to impose a code of ethics on the Supreme Court following reports alleging justices violated ethics rules, which Republicans have sharply criticized as an effort to delegitimize and intimidate the Supreme Court. Just last week, the Senate Judiciary Committee voted along party lines to advance Democratic Rhode Island Sen. Sheldon Whitehouse’s Supreme Court ethics legislation to the full senate.

Whitehouse’s Supreme Court Ethics, Recusal, and Transparency (SCERT) Act would require the justices to adopt a code of ethics, increase disclosure and recusal requirements and establish a process for reviewing and investigating complaints made against justices.

Alito didn’t say whether his colleagues agree but noted it is “something we have all thought about.”

“I don’t know that any of my colleagues have spoken about it publicly, so I don’t think I should say,” he said.

In April, Chief Justice John Roberts declined Senate Judiciary Committee Chair Dick Durbin’s invitation to speak on the Supreme Court’s ethical standards before the committee, citing “separation of powers concerns” and that it is “exceedingly rare” for a chief justice to testify.

Roberts included with his letter to Durbin a statement signed by all nine justices clarifying the Supreme Court’s ethics principles. The statement says the Supreme Court voluntarily adopted a resolution to follow Judicial Conference Regulations for the lower courts in 1991, including its financial disclosure requirements.

 

Tags: CongressJudge Alitono authoritySupreme Court
Steven Ahle

Steven Ahle

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