this post was submitted on 18 Sep 2023
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Supreme Court Justice Samuel Alito no doubt intended to shock the political world when he told interviewers for the Wall Street Journal that “No provision in the Constitution gives [Congress] the authority to regulate the Supreme Court — period.”

Many observers dismissed his comment out of hand, noting the express language in Article III, establishing the court’s jurisdiction under “such regulations as the Congress shall make.”

But Alito wasn’t bluffing. His recently issued statement, declining to recuse himself in a controversial case, was issued without a single citation or reference to the controlling federal statute. Nor did he mention or adhere to the test for recusal that other justices have acknowledged in similar circumstances. It was as though he declared himself above the law.

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[–] [email protected] 4 points 11 months ago (11 children)

I mean, he's not wrong, he's just being an asshole about it. :)

The Constitution gives two controls on the Supreme Court:

  1. Nominees are made by the Executive branch and confirmed by the Senate.

  2. Impeachment.

That's it. There's nothing else in the Constitution about judicial ethics, or recusals, or anything else.

There isn't even really a control on bad or unpopular decisions by the court. It isn't like the relationship between Congress and the executive where they pass laws and the President signs or vetos them and congress can over-ride the veto power.

When the Supreme Court makes an unpopular decision, the only recourse is for Congress to pass a new Amendment.

[–] [email protected] 4 points 11 months ago (1 children)

Who authorized maintenance for the big, fancy SC building? Can the Congress just decide to cut off funding? Can they eliminate pay for the justice, or for the staff? Can't the Congress add more justices? My current thought is that a 65 member SC is the perfect size. That's 5 justices for each circuit, not that circuits are terribly important as an organizing principle for the DC any more.

[–] [email protected] 3 points 11 months ago

-Can they eliminate pay for the justice, or for the staff?

The Constitution states that pay for a Justice cannot be reduced.

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.

-Can’t the Congress add more justices?

They've done it many times.

I can't speak to any of the myriad of laws that may affect your other questions.

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