Kagan and Alito disagree on Supreme Court ethics code: ‘Congress has regulatory power’
Justice Elena Kagan: Congress Can Regulate Supreme Court, Says It’s Not Above Checks and Balances
During a judicial conference in Portland, Oregon, Justice Elena Kagan made a bold statement, asserting that Congress has the power to “regulate” various aspects of the Supreme Court. This comes just days after Justice Samuel Alito claimed the opposite, sparking tensions as Democratic lawmakers aim to ensure ethical behavior from the nine justices.
“Of course Congress can regulate various aspects of what the Supreme Court does,” Kagan, 63, confidently stated. She emphasized the importance of checks and balances in our system, stating, “It just can’t be that the court is the only institution that somehow is not subject to any checks and balances from anybody else. I mean, we’re not imperial.”
Kagan expressed her hope that the Supreme Court can establish its own code of conduct to address the ongoing questions surrounding the balance of power between the legislative and judicial branches. “The nine of us have a variety of views about that,” she added.
Alito’s Controversial View
Justice Kagan’s remarks followed an op-ed by Justice Samuel Alito in the Wall Street Journal, where he argued that Congress lacks the authority to establish ethics rules for the justices. “Congress did not create the Supreme Court,” Alito stated. “No provision in the Constitution gives them the authority to regulate the Supreme Court — period.”
These differing opinions highlight the ongoing discussions among the nine justices regarding a potential code of conduct.
Push for Transparency
Meanwhile, the Senate Judiciary Committee, led by Democrats, recently approved a bill sponsored by Sen. Sheldon Whitehouse (D-RI) that aims to implement a code of conduct for Supreme Court justices and establish a process to investigate violations. This push for transparency comes in response to reports of Justices Clarence Thomas and Alito accepting luxury travel opportunities from GOP donors.
However, the likelihood of the bill’s success remains uncertain, as justices have discretion in making recusal decisions, and the Republican-controlled House is unlikely to support the legislation.
The Supreme Court is set to reconvene in October for its next term.
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