Experts say the Justice is ignoring centuries of congressional regulation of the Court to claim unfettered authority.
Justice Alito says he voluntarily follows disclosure statutes that apply to lower court judges and executive branch officials; so do the other justices. But he notes that “Congress did not create the Supreme Court” — the Constitution did. “I know this is a controversial view, but I’m willing to say it,” he says. “No provision in the Constitution gives them the authority to regulate the Supreme Court — period.
Do the other justices agree? “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.”Sherrilyn Ifill former president and director-counsel of the Legal Defense Fund. “Justice Alito — and I’m certain not only Justice Alito — believes that the Supreme Court is a branch of our [government] that is unchecked and unaccountable, and unreachable by the power of Congress.
Ifill was among many legal experts and lawmakers who took issue with Alito’s remarks, with many citing the U.S. Constitution. love to be an originalist or a textualist or whatever who somehow has never read the section authorizing the existence of his court
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