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trashhalo Jul 29, 2023

Alito says Congress has ‘no authority’ to regulate Supreme Court

Alito says Congress has ‘no authority’ to regulate Supreme Court - Beehaw

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 Jul 29, 2023

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.

The 3rd Article of the U.S. Constitution

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.

National Constitution Center – constitutioncenter.org

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floofloof Jul 29, 2023

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.

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experbia

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