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.

  • @guleblanc
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    41 year ago

    Who authorized maintenance for the big, fancy SC building? Can the Congress just decide to cut off funding? Can they eliminate pay for the justice, or for the staff? Can’t the Congress add more justices? My current thought is that a 65 member SC is the perfect size. That’s 5 justices for each circuit, not that circuits are terribly important as an organizing principle for the DC any more.

    • Dem Bosain
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      fedilink
      English
      31 year ago

      -Can they eliminate pay for the justice, or for the staff?

      The Constitution states that pay for a Justice cannot be reduced.

      The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

      -Can’t the Congress add more justices?

      They’ve done it many times.

      I can’t speak to any of the myriad of laws that may affect your other questions.