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210

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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[–] Arotrios@kbin.social 98 points 1 year ago (35 children)

He's flat out lying.

US Constitution Article 3, first fucking line:

Section 1

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. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

I also would like to point out the "good Behaviour" clause in the next line that determines the length of a justice's tenure, and under which Alioto has clearly disqualified himself from serving as a justice.

[–] floofloof@lemmy.ca 11 points 1 year ago (7 children)

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@kbin.social 22 points 1 year ago* (last edited 1 year ago) (3 children)

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.

[–] skwerls@waveform.social 4 points 1 year ago (1 children)

How about we set the number to 0 and go from there.

[–] SkepticElliptic@beehaw.org 2 points 1 year ago

We set it to √2 and let the fun begin.

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