“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.
“I don’t know that any of my colleagues have spoken about it publicly, so I don’t think I should say,” Alito told the paper. “But I think it is something we have all thought about.”
Rep. Alexandria Ocasio-Cortez (N.Y.) was among the Democrats who rejected Alito’s reasoning, writing on X, formerly known as Twitter, “What a surprise, guy who is supposed to enforce checks and […]
Which, to my thinking, clearly demonstrates the need for some kind of oversight. There sure appears to be the perspective of being above the law on at least one judges mind.
There always should be ethics commities for every branch of government!