Democratic lawmakers are rejecting assertions from U.S. Supreme Court Justice Samuel Alito that Congress has no power to “regulate” the high court.
Alito’s comments, which appeared in an opinion piece published by The Wall Street Journal Friday, arrived roughly a week after Senate Democrats advanced a bill to dictate a formal code of ethics for the Supreme Court. Calls for justices to be held under closer watch have grown following reports that some conservative justices, including Alito, have failed to disclose their ties to individuals with cases before the court.
Alito in particular is facing scrutiny after ProPublica reported that he had attended a luxury fishing vacation with Republican donor Paul Singer. Alito never recused himself from several cases involving Singer’s hedge fund after the trip.
But during an interview early this month, which was included in the Journal op-ed, Alito said that the Constitution does not grant Congress the power to enforce a code of ethics for justices.
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“I know this is a controversial view, but I’m willing to say it,” Alito said. “No provision in the Constitution gives them the authority to regulate the Supreme Court—period.”
Lower court judges are already held to a code of ethics, as are members of the House and Senate. The legislation voted on by lawmakers of the Senate Judiciary Committee last week would require the high court to adopt a code of conduct and set standards for when justices should recuse themselves in cases that pose a conflict of interest.
GOP members of Congress have argued that the Supreme Court is capable of establishing its own code. But Democrats attacked Alito’s statement on Friday, stating that it was incorrect to insinuate that the Senate held no regulatory power over the judicial branch.
“Dear Justice Alito: You’re on the Supreme Court in part because Congress expanded the Court to 9 Justices,” California Representative Ted Lieu wrote on his personal Twitter account. “Congress can impeach Justices and can in many cases strip the Court of jurisdiction. Congress has always regulated you and will continue to do so. You are not above the law.”
“This view is more than controversial; it’s incorrect,” tweeted Representative Katie Porter of California. “This is coming from a justice who tried to hide the fact that he accepted luxury vacations on private jets.”
“As a government official, I welcome the American people holding me accountable—why doesn’t Justice Alito?” she added.
New York Representative Alexandria Ocasio-Cortez also tweeted in response to Alito’s statement: “What a surprise, guy who is supposed to enforce checks and balances thinks checks shouldn’t apply to him. Too bad!”
“Corruption and abuse of power must be stopped, no matter the source,” Ocasio-Cortez added. “In fact, the court should be most subject to scrutiny, [because] it is unelected & life appointed.”
Other conservative justices who have raised calls for a judicial code of ethics include Justice Clarence Thomas, who has reportedly taken dozen of trips funded by major Republican donor Harlan Crow. Justice Neil Gorsuch has also raised eyebrows for previously co-owning a property with the chief executive of Greenberg Tauri, a law firm that has had frequent cases before the Supreme Court.
When asked if other justices agree with his opinion that the Constitution does not grant regulatory power to Congress, Alito told the Journal, “I don’t know that any of my colleagues have spoken about it publicly, so I don’t think I should say. But I think it is something we have all thought about.”
Newsweek reached out to the Supreme Court via email on Friday for comment.
