Alito says Congress can't regulate SCOTUS

[evillawyer]

So obviously false.

 

[Orangeslice13]

So obviously false.

You are correct.
They can amend the constitution….it ain’t easy but it’s something

 

[K-town Vol Fan]

Say what you want about her, she's right in this case. Rules for thee and not for me.

 

[Vol737]

I guess the question is in what way can Congress regulate SCOTUS and to what extent? Judicial is 1/3 of the three branches so it's subject to check and balances just like the rest. I would have to know in what context is Alito referring to?

 

[StarRaider]

The USC says that.... Alito just can read and comprehend it

 

[McDad]

Define regulate.

 

[JOEY’S ALL VOL !!!]

Define regulate.

Close enough.

 

[OrangeBoro]

As usual spot on

 

[85SugarVol]

So obviously false.

Honest question, if you’re willing to put on your attorney hat.

How would they do it? Congress that is.

I honestly don’t know the answer.

 

[turbovol]

Alito has always been an arrogant putz. He and the other conservative SCOTUS justices think they're entitled and don't want anyone messing with their corrupt, disgraceful grifting. Conservatives have seriously ethical problems. Rich right-wingers have long been heavy into cronyism. That is their thing.

 

[McDad]

Alito has always been an arrogant putz. He and the other conservative SCOTUS justices think they're entitled and don't want anyone messing with their corrupt, disgraceful grifting. Conservatives have seriously ethical problems. Rich right-wingers have long been heavy into cronyism. That is their thing.

 

[BigOrangeTrain]

Say what you want about her, she's right in this case. Rules for thee and not for me.

Lol. Please stop trying to make us think you want equal justice for all. You don’t. Typical liberal BS hypocrisy.

 

[BigOrangeTrain]

Alito has always been an arrogant putz. He and the other conservative SCOTUS justices think they're entitled and don't want anyone messing with their corrupt, disgraceful grifting. Conservatives have seriously ethical problems. Rich right-wingers have long been heavy into cronyism. That is their thing.

Man don’t ever change. We all laugh at your ridiculous takes. I wonder if you are a former poster who has been banned or left because you got your feelings hurt.

 

[newyorkvol]

Say what you want about her, she's right in this case. Rules for thee and not for me.

If Congress wants to regulate the SC to avoid corruption and abuse of power (per AOC), I wonder why they just wouldn’t make universal rules against corruption and abuse of power for all three branches.

 

[rekinhavoc]

If Congress wants to regulate the SC to avoid corruption and abuse of power (per AOC), I wonder why they just wouldn’t make universal rules against corruption and abuse of power for all three branches.

And @newyorkvol was never heard from again.....

 

[Sea Ray]

Say what you want about her, she's right in this case. Rules for thee and not for me.

She's not right about this. It says a lot about you that you'd even quote her

 

[McDad]

I was hoping someone else would mention it. Congress has the ultimate regulatory ability over SCOTUS. It's called impeachment. And it is granted to Congress by the Constitution.

 

[LouderVol]

As others said, I am going to need some more context.

McDaddio is right the SC can be impeached. But Congress doesnt have the power to create formal regulations for what SCOTUS can and cant do beyond changing the Constitution.

The check on the Supreme Court was always that they were the most powerful but had the narrowest band of powers.

They cant write new laws, they can only judge if a law is Constitutional, they cant even come in and judge a law outside of its Constitutionality unless there is a conflict with another law. And they cant fix the laws either. Congress has to fix it.

And even if a law is Constitutional or not they have no power of enforcement. John Marshall has made his decision, now let's see him enforce it. Theoretically, when it comes to federal powers the other two branches COULD ignore what the Supreme Court says, even regarding Constitutionailty. And then it would just be up to the states, good luck, or the people with voting to resolve the issue, but it likely wouldnt be a direct fix.

So really their "absolute" power of not facing elections or regulations is a very subjective power when compared to the more objective powers the other branches hold.

 

[Weezer]

Alito has always been an arrogant putz. He and the other conservative SCOTUS justices think they're entitled and don't want anyone messing with their corrupt, disgraceful grifting. Conservatives have seriously ethical problems. Rich right-wingers have long been heavy into cronyism. That is their thing.

Are you Greta Thunberg, trolling VN?

 

[StarRaider]

Are you Greta Thunberg, trolling VN?

i was thinking hilldawg but turdo does schreech like a little bee...

 

[evillawyer]

Honest question, if you’re willing to put on your attorney hat.

How would they do it? Congress that is.

I honestly don’t know the answer.

There is a "good behavior" clause in the constitution applicable to the court. Additionally, there are other clauses giving congress control over the court (jurisdiction, impeachment, etc).

 

[hog88]

There is a "good behavior" clause in the constitution applicable to the court. Additionally, there are other clauses giving congress control over the court (jurisdiction, impeachment, etc).

What clauses give congress control over SCOTUS jurisdiction?

 

[Weezer]

Impeachment doesn't matter because it won't happen in the current climate. The court has become a political body, and both sides want it to remain a political body. Yes, the left would love to slant the court the other way, but with a near balanced Senate, impeachment will not happen. The votes are not there.

 

[evillawyer]

What clauses give congress control over SCOTUS jurisdiction?

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

 

[evillawyer]

Good behavior clause:

"The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour ...."

Some have interpreted this to just mean lifetime appointments unless impeached. But I have a hard time believing that if Congress has the power to remove (impeachment) for bad behavior they can't also regulate what constitutes acceptable behavior from the justices.