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Alito says Congress has ‘no authority’ to regulate Supreme Court (thehill.com)

submitted 1 year ago by trashhalo@beehaw.org to c/politics@beehaw.org

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Justice Samuel Alito said in an interview that Congress does not have the authority to regulate the Supreme Court, pushing back against Democratic efforts to mandate stronger ethics rules for the justices. Alito argued that the Constitution does not give Congress the power to regulate the Supreme Court. While Chief Justice John Roberts has also questioned Congress's ability to act, he was not as definitive as Alito. Some Democrats rejected Alito's reasoning, arguing that the Supreme Court should be subject to checks and balances. The ethics push comes after recent revelations about undisclosed trips and other ethics issues involving several Supreme Court justices.

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[–] Dominic@beehaw.org 1 points 1 year ago (1 children)

Judicial review isn’t in the Constitution either.

[–] mister_monster@monero.town 1 points 1 year ago (1 children)

That's a very detail ignoring take on the matter but technically you're right.

[–] Dominic@beehaw.org 1 points 1 year ago

For context:

Judicial review exists because it makes sense. The framers decided to bind the government with a Constitution, but never explicitly wrote up an enforcement mechanism. The judiciary already interprets laws, so they get to be the enforcement mechanism by default.

The framers also decided to write “during good behavior” in Article III, but never defined what that means. Congress writes laws, so it’s logical to me that Congress gets to define what “good behavior” entails.