Democrats Balk At Alito Assertion That Congress Has ‘No Authority’ Over Supreme Court

By The Hill
Posted on 07/30/23 | News Source: The Hill

Democratic lawmakers are criticizing Supreme Court Justice Samuel Alito’s recent interview with the Wall Street Journal in which he stated “no provision” in the Constitution allows Congress to regulate the Supreme Court.

“I know this is a controversial view, but I’m willing to say it,” Alito said Friday, referencing Congressional Democrats’ recent efforts to to mandate stronger ethics rules. “No provision in the Constitution gives them the authority to regulate the Supreme Court—period.”

“I don’t know that any of my colleagues have spoken about it publicly … But I think it is something we have all thought about,” he told the Journal.

His remarks sparked pushback from a slew of House Democrats.

Rep. Ted Lieu (D-Calif.) argued Congress would always have regulation power over the high court.

“Dear Justice Alito: You’re on the Supreme Court in part because Congress expanded the Court to 9 Justices,” Lieu posted Friday on X, the platform formerly known as Twitter. “Congress can impeach Justices and can in many cases strip the Court of jurisdiction.”

“Congress has always regulated you and will continue to do so,” he added. “You are not above the law.”

Rep. Alexandria Ocasio-Cortez (N.Y.) claimed the Supreme Court should be the “most scrutinized” because of its power.