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  • Samuel Alito tells Congress to stay out of Supreme Court ethics controversy | CNN Politics

    Samuel Alito tells Congress to stay out of Supreme Court ethics controversy | CNN Politics

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    CNN
     — 

    Congress should stay out of the Supreme Court’s business and stop trying to impose ethics rules on justices and clerks, Justice Samuel Alito said in an interview published by The Wall Street Journal editorial page Friday.

    “Congress did not create the Supreme Court,” Alito said. “I know this is a controversial view, but I’m willing to say it. No provision in the Constitution gives them the authority to regulate the Supreme Court – period.”

    Spurred by a string of stories calling out questionable ethical decisions and a lack of transparency and disclosure, Senate Democrats have advanced legislation meant to create a code of ethics for the Supreme Court.

    One of the authors of the Journal interview, attorney David B. Rivkin Jr., represents the plaintiffs in a major tax case the court will hear next term.

    In an unusual move, Alito last month sought to preempt a ProPublica report on him by publishing a Wall Street Journal op-ed rather than responding to ProPublica’s request for comment directly.

    Alito, a conservative appointed by George W. Bush, said he’s realized that nobody’s going to defend him if he doesn’t do so himself.

    “I marvel at all the nonsense that has been written about me in the last year,” Alito told the Journal, adding that “the traditional idea about how judges and justices should behave is they should be mute.”

    “But that’s just not happening,” he said. “And so at a certain point I’ve said to myself, nobody else is going to do this, so I have to defend myself.”

    As for criticism of the court’s recent decisions, such as Alito’s majority opinion striking down Roe v. Wade last year, the justice compared any effort to defy the court on a vast scale to objections in the South after major civil rights cases in the 1950s, including Brown v. Board of Education, which declared “separate but equal” was unconstitutional.

    “If we’re viewed as illegitimate, then disregard of our decisions becomes more acceptable and more popular,” Alito said. “So you can have a revival of the massive resistance that occurred in the South after Brown.”

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  • Democratic senator calls Samuel Alito ‘stunningly wrong’ on Supreme Court ethics controversy | CNN Politics

    Democratic senator calls Samuel Alito ‘stunningly wrong’ on Supreme Court ethics controversy | CNN Politics

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    Washington
    CNN
     — 

    Democratic Sen. Chris Murphy of Connecticut on Sunday called Justice Samuel Alito “stunningly wrong” in his contention that Congress should stay out of the Supreme Court’s business and stop trying to impose ethics rules.

    “It is just wrong on the facts to say that Congress doesn’t have anything to do with the rules guiding the Supreme Court. In fact, from the very beginning, Congress has set those rules,” Murphy told CNN’s Kasie Hunt on “State of the Union.”

    “But it is even more disturbing that Alito feels the need to insert himself into a congressional debate. And it is just more evidence that these justices on the Supreme Court, these conservative justices, just see themselves as politicians. They just see themselves as a second legislative body that has just as much power and right to impose their political will on the country as Congress does.”

    Spurred by a string of stories about alleged ethics violations by justices, Senate Democrats have advanced legislation meant to create a code of ethics for the Supreme Court.

    But Alito, a conservative appointed by President George W. Bush, maintained in an interview published in The Wall Street Journal’s opinion section Friday that “Congress did not create the Supreme Court” and doesn’t have the authority to regulate it.

    “I marvel at all the nonsense that has been written about me in the last year,” Alito said in the interview, adding that “the traditional idea about how judges and justices should behave is they should be mute.”

    The high court has repeatedly evaded requests in recent months to adopt a binding code of conduct, instead responding to allegations of ethical improprieties by releasing statements outlining and defending its current procedures.

    That has failed to satisfy critics in the wake of an array of media reports shining a spotlight on how the justices are leading their lives off the bench, triggering questions about whether they are improperly benefiting from their positions.

    “They are going to bend the law in order to impose their right-wing view of how the country should work on the rest of us,” Murphy said Sunday of the court’s conservative justices.

    “And it’s why we need to pass this commonsense ethics legislation to at least make sure we know that these guys aren’t in bed having their lifestyles paid for by conservative donors, as we have unfortunately seen in these latest revelations,” Murphy said.

    The ethics legislation is not expected to get the 60 votes required to advance on the floor of the Democratic-controlled Senate. And even if it did, the GOP-led House is unlikely to take it up.

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