Alito says Congress has ‘no authority’ to regulate Supreme Court
by Zach Schonfeld - 07/28/23 3:31 PM ETJustice Samuel Alito said Congress has “no authority” to regulate the Supreme Court in an interview with the Wall Street Journal’s opinion section published Friday, pushing back against Democrats’ attempt to mandate stronger ethics rules.
Alito, one of the high court’s leading conservatives, is just one of multiple justices who have come under recent scrutiny for ethics controversies that have fueled the renewed push.
“I know this is a controversial view, but I’m willing to say it,” Alito told the Journal. “No provision in the Constitution gives them the authority to regulate the Supreme Court — period.”
Although the Constitution enables Congress to structure the lower federal courts, it explicitly vests judicial power within a singular Supreme Court.
Alito and some legal observers argue that means Congress can’t prescribe certain regulations for the high court without running afoul of separation of powers issues.
Chief Justice John Roberts has also questioned Congress’s ability to act, but not as definitive as Alito’s new remarks. Many court watchers who disagree with the premise believe that Roberts’ questioning has given fodder to Republican objections.
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https://thehill.com/regulation/court-battles/4125436-samuel-alito-on-congress-authority-to-regulate-supreme-court/