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.

  • @floofloof@lemmy.ca
    link
    fedilink
    English
    1111 months ago

    in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

    I could see it being argued that this mentions (1) “one supreme Court” and (2) “such inferior Courts as the Congress may from time to time ordain and establish,” so the bit about Congress applies only to the inferior courts.

    • Arotrios
      link
      fedilink
      22
      edit-2
      11 months ago

      Except that it’s never worked that way throughout the history of United States.

      The Supreme Court itself is established by an act of Congress, the Judiciary Act of 1789. The Congress has always had the power to not only set the number of justices (last paragraph on that link), but to impeach them as well.

      A misplaced comma doesn’t trump 240 years of legal precedent, no matter how much Alioto might wish it did.

      • experbia
        link
        fedilink
        1011 months ago

        A misplaced comma doesn’t trump 240 years of legal precedent, no matter how much Alioto might wish it did.

        Fortunately true.

        Unfortunately, in the larger court of public opinion, it can very effectively be used as basis to rile up and outrage the domestic terrorists loyal to the corrupted judiciary, so there will most likely be some trepidation about clarifying this.

    • bedrooms
      link
      fedilink
      311 months ago

      And SCOTUS is allowed to pick whichever interpretation they like.

    • experbia
      link
      fedilink
      211 months ago

      Yeah… this was my first thought when I read it. Very unfortunate and ambiguous phrasing.