Senate Democrats press Roberts on Alito recusals

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Senate Democrats press Roberts on Alito recusals

4 Aug 2023 ~~ By Ella Lee

Ten Democrats on the Senate Judiciary Committee, led by chairman Dick Durbin (D-Ill.), implored Supreme Court Chief Justice John Roberts in a letter Thursday to ensure Justice Samuel Alito will recuse himself from future cases pertaining to legislation regulating the high court.
The senators’ request hinged on an interview Alito gave to the Wall Street Journal last week, where he opined that the U.S. Constitution does not give Congress the authority to regulate the Court, “period.”
“Congress did not create the Supreme Court,” Alito said of efforts to legislate ethics regulations. “I know this is a controversial view, but I’m willing to say it.”
The Democratic senators — all of the Judiciary Committee’s majority members except Sen. Jon Ossoff (D-Ga.) — rebuffed Alito’s perspective as “plainly incorrect” and raised concern that he “publicly prejudged” the issues, which could land before the Court.
They referred back to testimony Alito gave during his 2006 confirmation hearing, where he said he “wouldn’t want to prejudge any constitutional question that might be presented to me.”
“And yet, we now have Justice Alito publicly remarking on the constitutionality of pending legislation — comments that unquestionably engender doubt that he could fairly discharge his duties should this question come before the Court,” the senators wrote.
The request for Roberts to take “appropriate steps” to ensure Alito recuses himself on any cases related to Court regulation comes amid increased scrutiny of the Supreme Court justices’ ethics.
~Snip~
In February, Sen. Sheldon Whitehouse (D-R.I.) introduced the Supreme Court Ethics, Recusal and Transparency Act, which would require justices to adopt a code of conduct and create a transparent process for the public to submit ethics complaints.
The bill advanced last month after a markup session of more than three hours. Every Democratic member of the committee voted for the reforms, while every Republican voted against them.
“The Court is mired in an ethical crisis of its own making, yet its only response has been a weak statement on ethics that Justice Alito has apparently ignored,” the senators wrote to Roberts on Thursday.


Commentary:
``There was a time when liberal Democrats in the U.S. Senate welcomed and defended political speech of all kinds, whether it was for or against them. The late Sen. Hubert Humphrey, for example, once declared that, “Freedom is hammered out on the anvil of discussion, dissent, and debate.” Were he alive today, Humphrey would be ashamed to see what’s become of his successors.``
(Democrats Seek to Stifle Political Speech, SCOTUS Be Damned!)

Were Humphrey alive today he would be shunned, persecuted and belittled as a conservative by today`s 21st Century Maoist/DSA Democrats.
One wonders what part of Co-Equal branches of government Democrats don’t understand.
Wile Democrats question the abilities, ethics and authority of Conservative SCOTUS judges,
shouldn`t Republicans be demanding recusals of Kagan, Jackson and Sotomayor based on things they’ve said publicly regarding issues coming before the courts.
 
The Senate has the constitutional authority to not only creat SCOTUS but also regulate it.
Regulate yes--create no. They can create inferior courts but not the supreme court.

Who controls the Supreme Court?​


Section 1 establishes the Supreme Court of the United States. It gives Congress the power to organize the Supreme Court and to establish lower courts. It also states that justices can serve on the court for as long as they maintain "good Behaviour," and that the justices should be compensated for their service.

What two ways can Congress limit the power of the Supreme Court?​


In more traditional ways the other institutions of government can also limit the Supreme Court's power. Congress can pass legislation to modify the impact of prior Supreme Court decisions. Seemingly Court decisions are final. They cannot be overturned by Congress or vetoed by the president.

How many times has Congress overruled the Supreme Court?​


The Library of Congress tracks the historic list of overruled Supreme Court cases in its report, The Constitution Annotated. As of 2020, the court had overruled its own precedents in an estimated 232 cases since 1810, says the library.

 
Last edited:
The first Congress met, created the first SCOTUS, appointed six judges, John Jay being the Chief Judge. The Congress has regulated the Court many times since then.

News about Can Congress Regulate Supreme Court

bing.com/news
YAHOO!News · 1d
Kagan argues Congress can regulate aspects of Supreme Court
Justice Elena Kagan said during a public appearance Thursday that Congress can regulate aspects of the Supreme Court, a comment that comes as Democrats push a bill that …

Brennan Center for Justice
https://www.brennancenter.org/our-work/analysis...

Congress Has the Authority to Regulate Supreme Court …


WebJul 17, 2023 · While Congress must respect the separation of powers and decisional independence of the justices, it has long exercised its constitutional power to regulate

Reason.com
https://reason.com/volokh/2023/07/29/congress-can...

Congress Can Regulate the Supreme Court—But There …


WebJul 29, 2023 · Congress Can Regulate the Supreme Court—But There Are Limits to That Power Justice Alito was wrong to suggest Congress has no authority to regulate the …
 
The first Congress met, created the first SCOTUS, appointed six judges, John Jay being the Chief Judge. The Congress has regulated the Court many times since then.

News about Can Congress Regulate Supreme Court

bing.com/news
YAHOO!News · 1d
Kagan argues Congress can regulate aspects of Supreme Court
Justice Elena Kagan said during a public appearance Thursday that Congress can regulate aspects of the Supreme Court, a comment that comes as Democrats push a bill that …
Brennan Center for Justice
https://www.brennancenter.org/our-work/analysis...

Congress Has the Authority to Regulate Supreme Court …


WebJul 17, 2023 · While Congress must respect the separation of powers and decisional independence of the justices, it has long exercised its constitutional power to regulate

Reason.com
https://reason.com/volokh/2023/07/29/congress-can...

Congress Can Regulate the Supreme Court—But There …


WebJul 29, 2023 · Congress Can Regulate the Supreme Court—But There Are Limits to That Power Justice Alito was wrong to suggest Congress has no authority to regulate the …
~~~~~~
Congress not the Senate. The Senate was originally appointed by state legislators not directly elected by the people.

 
You get that the Constitution had the Congress pass the enabling legislation for the creation of the Senate including members, districts, numbers, etc.

Yes, legislation will be passed with review authority by SCOTUS withdrawn by order of Congress and signature of the President.
 

Senate Democrats press Roberts on Alito recusals

4 Aug 2023 ~~ By Ella Lee

Ten Democrats on the Senate Judiciary Committee, led by chairman Dick Durbin (D-Ill.), implored Supreme Court Chief Justice John Roberts in a letter Thursday to ensure Justice Samuel Alito will recuse himself from future cases pertaining to legislation regulating the high court.
The senators’ request hinged on an interview Alito gave to the Wall Street Journal last week, where he opined that the U.S. Constitution does not give Congress the authority to regulate the Court, “period.”
“Congress did not create the Supreme Court,” Alito said of efforts to legislate ethics regulations. “I know this is a controversial view, but I’m willing to say it.”
The Democratic senators — all of the Judiciary Committee’s majority members except Sen. Jon Ossoff (D-Ga.) — rebuffed Alito’s perspective as “plainly incorrect” and raised concern that he “publicly prejudged” the issues, which could land before the Court.
They referred back to testimony Alito gave during his 2006 confirmation hearing, where he said he “wouldn’t want to prejudge any constitutional question that might be presented to me.”
“And yet, we now have Justice Alito publicly remarking on the constitutionality of pending legislation — comments that unquestionably engender doubt that he could fairly discharge his duties should this question come before the Court,” the senators wrote.
The request for Roberts to take “appropriate steps” to ensure Alito recuses himself on any cases related to Court regulation comes amid increased scrutiny of the Supreme Court justices’ ethics.
~Snip~
In February, Sen. Sheldon Whitehouse (D-R.I.) introduced the Supreme Court Ethics, Recusal and Transparency Act, which would require justices to adopt a code of conduct and create a transparent process for the public to submit ethics complaints.
The bill advanced last month after a markup session of more than three hours. Every Democratic member of the committee voted for the reforms, while every Republican voted against them.
“The Court is mired in an ethical crisis of its own making, yet its only response has been a weak statement on ethics that Justice Alito has apparently ignored,” the senators wrote to Roberts on Thursday.


Commentary:
There was a time when liberal Democrats in the U.S. Senate welcomed and defended political speech of all kinds, whether it was for or against them. The late Sen. Hubert Humphrey, for example, once declared that, “Freedom is hammered out on the anvil of discussion, dissent, and debate.” Were he alive today, Humphrey would be ashamed to see what’s become of his successors.
(Democrats Seek to Stifle Political Speech, SCOTUS Be Damned!)

Were Humphrey alive today he would be shunned, persecuted and belittled as a conservative by today`s 21st Century Maoist/DSA Democrats.
One wonders what part of Co-Equal branches of government Democrats don’t understand.
Wile Democrats question the abilities, ethics and authority of Conservative SCOTUS judges,
shouldn`t Republicans be demanding recusals of Kagan, Jackson and Sotomayor based on things they’ve said publicly regarding issues coming before the courts.
These people need to stop slandering great men like HHH
 

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