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212

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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[–] FlowVoid@midwest.social 3 points 1 year ago* (last edited 1 year ago)

First of all, nothing in the Constitution gives courts the power of judicial review. They sort of made up that power all by themselves.

Regardless, if Congress decided to regulate the SCOTUS then they would most likely strip jurisdiction only from the SCOTUS itself, not from all federal courts. This is also how it was done in the past. The SCOTUS basically conceded that as long as some judge still had the power of judicial review, then Congress could remove the SCOTUS itself from the process.

Which means that the DC Circuit Court would make a final, non-appealable decision on whether the Constitution allows their colleagues in the SCOTUS to be bound by ethics laws - just as they are.