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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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[–] Juno@beehaw.org 3 points 1 year ago (8 children)

That's not true, it says the Supreme Court AND inferior courts

[–] mister_monster@monero.town 5 points 1 year ago (7 children)

The constitution creates the supreme courts. The Congress can make inferior courts.

[–] Juno@beehaw.org 4 points 1 year ago (6 children)

"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

Lemme cut the middle out of that sentence

The judicial Power of the United States, shall be vested in one supreme Court the Congress may from time to time ordain and establish.

Which is exactly what they do, they establish and ordain. https://en.m.wikipedia.org/wiki/Nomination_and_confirmation_to_the_Supreme_Court_of_the_United_States

[–] gogreenranger@lemmy.ca 2 points 1 year ago (1 children)

Right, but the comma separates the "Constitution creates the supreme court" and the "Inferiors courts that Congress may establish." Cutting out the middle removes key text.

It seems pedantic, but that's exactly the argument that either has been or will be made, because that comma implies that the Supreme Court and "inferior courts" have separate sources that govern them.

[–] fuzzywolf23@beehaw.org 2 points 1 year ago (1 children)

You're ignoring that congress does, in fact, ordain supreme court justices

[–] gogreenranger@lemmy.ca 1 points 1 year ago

They do until the Supreme Court interprets otherwise.

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