US Supreme Court Justice Samuel Alito has taken a firm stance, asserting that Congress cannot enforce a binding ethics code on the high court. Emphasizing that the Constitution does not grant lawmakers such authority, Justice Alito clarified his position during an interview with the Wall Street Journal’s editorial features editor, published on Friday. Although he voluntarily adheres to financial and disclosure rules applicable to lower court judges, Justice Alito remains unwavering in his opposition to Democratic-led efforts on Capitol Hill to impose ethics regulations on the Supreme Court.
“Congress did not create the Supreme Court,” Justice Alito declared, acknowledging that his perspective might be contentious. “No provision in the Constitution gives them the authority to regulate the Supreme Court—period.”
While Justice Alito clarified that he was expressing his personal views, he also suggested that others have contemplated the issue within the judiciary. Chief Justice John Roberts has also expressed doubts about Congress’s authority to impose an ethics code on the justices, a sentiment previously shared by Justice Alito during a 2019 House hearing.
See also: Democrats in US Senate Push Legislation for Binding Ethics Code for Supreme Court
On July 20, the Senate Judiciary Committee approved legislation (S. 359) requiring the justices to adopt a code of conduct. The measure, driven solely by majority Democrats, gained momentum amid controversies surrounding alleged ethical lapses at the court. However, it was evident that the bill lacked the necessary support from Republicans to advance further.
Democrats remained steadfast in advocating for the proposal, arguing that it was urgently needed to enhance transparency at the conservative-led court. Over the years, the court has resisted external calls, including some from within the Republican party, to implement such measures independently. Supporters of the code of conduct also maintained that it would help bolster the court’s legitimacy, which has recently faced criticism from progressives.
Justice Alito expressed concerns that attacks on the court’s legitimacy could lead to outright defiance of its decisions becoming more acceptable and popular. Drawing parallels to historical events, he alluded to the potential of a revival of “massive resistance” akin to the resistance observed in the South following the landmark 1954 ruling in Brown v. Board of Education, which declared segregation in public schools unconstitutional.
The focus on the court’s ethics gained renewed attention this year after ProPublica published reports on Justice Clarence Thomas’s alleged luxury vacations, real estate deals, and school tuition payments that were not disclosed in financial filings. These revelations, involving billionaire and GOP megadonor Harlan Crow, ignited debates on the need for greater accountability and transparency within the Supreme Court.
Critics, primarily among progressives, have also raised concerns about other ethics-related questions involving justices from both ends of the ideological spectrum, including Justice Alito. Additionally, the court’s recusal practices, which some consider to be opaque, have fueled demands for more stringent accountability measures.
Despite the push for an ethics code, Justice Alito remains steadfast in his skepticism. He cautions that implementing such regulations without broad consensus and support may exacerbate divisions and lead to challenges regarding the court’s legitimacy.
As the debate continues, the future of the proposed legislation requiring a code of conduct for the Supreme Court justices remains uncertain. The ideological divide and the lack of bipartisan support make it unlikely to progress without substantial backing from both sides of the aisle. Nevertheless, the issue remains at the forefront of discussions surrounding the role of Congress in overseeing the highest court in the land and ensuring ethical standards are upheld among its members.
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