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Alito wasn’t bluffing: He believes the Supreme Court is above the law (thehill.com)

submitted 1 year ago by MicroWave@lemmy.world to c/politics@lemmy.world

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Supreme Court Justice Samuel Alito no doubt intended to shock the political world when he told interviewers for the Wall Street Journal that “No provision in the Constitution gives [Congress] the authority to regulate the Supreme Court — period.”

Many observers dismissed his comment out of hand, noting the express language in Article III, establishing the court’s jurisdiction under “such regulations as the Congress shall make.”

But Alito wasn’t bluffing. His recently issued statement, declining to recuse himself in a controversial case, was issued without a single citation or reference to the controlling federal statute. Nor did he mention or adhere to the test for recusal that other justices have acknowledged in similar circumstances. It was as though he declared himself above the law.

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[-] autotldr@lemmings.world 6 points 1 year ago

This is the best summary I could come up with:

Durbin detailed the ethics problems raised by Alito’s two-part interview in the Wall Street Journal, which was conducted by journalist James Taranto and David Rivkin, a practicing lawyer.

Rivkin happens to be counsel of record in Moore v. United States, a major case that was pending in the Supreme Court at the time of the interview and is now set for argument, which may determine the federal government’s authority ever to impose a tax on “unrealized gains” or wealth.

The actual law, in Scalia’s words, requires Alito to determine whether a “reasonable observer who is informed of all the surrounding facts and circumstance” would doubt his ability to exercise detached judgment, given his mid-case work with Rivkin.

The frequent recusals could easily be avoided by investing only in mutual funds (as do the other seven justices), but Alito has obviously chosen to place his personal financial choices ahead of the court’s need for participation by all nine members.

He has so far “voluntarily complied” with other federal ethics statutes, including financial disclosure requirements, but perhaps he will eventually decide there is no “sound reason” for him to keep reporting on his stock holdings.

In May, he told a meeting of the American Law Institute that “I want to assure people that I’m committed to making certain that we as a court adhere to the highest standards of conduct,” and “We are continuing to look at things we can do to give practical effect to that commitment.” At least two other justices — Elena Kagan and Brett Kavanaugh — appear to agree with the chief.

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this post was submitted on 18 Sep 2023

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