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.

  • FlowVoid@midwest.social
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    1 year ago

    Congress can write laws that the SCOTUS is not allowed to review. They’ve actually done this in the past

        • mister_monster@monero.town
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          1 year ago

          That’s not what’s happening here at all, this is not a case of a law congress proscribed the supreme court from ruling on, that’s a case of congress taking away appellate jurisdiction from the supreme court for a particular case, which it can do. You said congress can pass laws that the supreme court can’t review and has done it before, do you have an example?

          • FlowVoid@midwest.social
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            1 year ago

            Using the same process, Congress could strip appellate jurisdiction from the SCOTUS in any case that involves a particular law. Which includes a law that they just passed.

            The key is that when the SCOTUS reviews laws, it is nearly always exercising its power of appellate jurisdiction, not original jurisdiction. And the Constitution allows Congress to impose whatever regulations it wants over appellate jurisdiction. So if the SCOTUS isn’t allowed to hear cases involving a law, then it can’t strike down that law.

            In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.