Posted on 08/05/2023 12:36:16 PM PDT by lowbridge
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.
“Since 2011, you have argued that the Supreme Court can police its own ethical conduct,” the senators wrote to Roberts. “Yet, this year has been marked by revelation after revelation of justices receiving lavish gifts that they failed to disclose as required by law or otherwise using their offices and taxpayer-funded resources for personal gain.”
(Excerpt) Read more at thehill.com ...
That’s it democrats, keep pissing off the Supreme Court!😎
I wonder what part of Co Equal branches of government democrats don’t understand.
Cheesy bastards just don’t quit, do they?
CC
Dick Turban is a fool and a stooge. But, Illinois Republicans always seem to help him get reelected over and over one way or another. Ill-Annoy is the birthplace and incubator of the UniParty aka “The Combine” aja Deep State.
Congress only has the Authority to prohibit the Supreme Court from hearing cases as directed by Congress
Article 3section 2
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.
Doesn’t the House and the Senate police themselves, especially about gifts and such?
Lesson: Democrats don’t let off the gas. Meanwhile, the GOP dithers. They should be demanding recusals of Kagan, Jackson and Sotomayor based on things they’ve said publicly regarding issues coming before the courts.
But they won’t, of course, because they’re gentlemanly losers.
Since the constitution calls for a supreme court, that means congress didn’t create it.
The Bolsheviks seized power and created an one party state in the Soviet Union.
I think we may have seen Joe Biden crossing the Rubicon, it's likely to be true if his successor is going to be Gavin Newsom.
Tell the hypocrites no.
Durbin. SPIT!
Then I guess Kagan must recuse herself since she just came out and said the Congress has the right to regulate the Supreme Court. Of course, that is different because she is a democrat.
But after a decision is made...there is no check.
whitehouse.com
Where the executive and legislative branches are elected by the people, members of the Judicial Branch are appointed by the President and confirmed by the Senate.
Article III of the Constitution, which establishes the Judicial Branch, leaves Congress significant discretion to determine the shape and structure of the federal judiciary. Even the number of Supreme Court Justices is left to Congress — at times there have been as few as six, while the current number (nine, with one Chief Justice and eight Associate Justices) has only been in place since 1869. The Constitution also grants Congress the power to establish courts inferior to the Supreme Court, and to that end Congress has established the United States district courts, which try most federal cases, and 13 United States courts of appeals, which review appealed district court cases.
Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and Justices serve no fixed term — they serve until their death, retirement, or conviction by the Senate. By design, this insulates them from the temporary passions of the public, and allows them to apply the law with only justice in mind, and not electoral or political concerns.
Generally, Congress determines the jurisdiction of the federal courts. In some cases, however — such as in the example of a dispute between two or more U.S. states — the Constitution grants the Supreme Court original jurisdiction, an authority that cannot be stripped by Congress.
The courts only try actual cases and controversies — a party must show that it has been harmed in order to bring suit in court. This means that the courts do not issue advisory opinions on the constitutionality of laws or the legality of actions if the ruling would have no practical effect. Cases brought before the judiciary typically proceed from district court to appellate court and may even end at the Supreme Court, although the Supreme Court hears comparatively few cases each year.
Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. The courts, like Congress, can compel the production of evidence and testimony through the use of a subpoena. The inferior courts are constrained by the decisions of the Supreme Court — once the Supreme Court interprets a law, inferior courts must apply the Supreme Court’s interpretation to the facts of a particular case.
The Supreme Court of the United States
The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution.
The Constitution does not stipulate the number of Supreme Court Justices; the number is set instead by Congress. There have been as few as six, but since 1869 there have been nine Justices, including one Chief Justice. All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Since Justices do not have to run or campaign for re-election, they are thought to be insulated from political pressure when deciding cases. Justices may remain in office until they resign, pass away, or are impeached and convicted by Congress.
The Court’s caseload is almost entirely appellate in nature, and the Court’s decisions cannot be appealed to any authority, as it is the final judicial arbiter in the United States on matters of federal law. However, the Court may consider appeals from the highest state courts or from federal appellate courts. The Court also has original jurisdiction over limited types of cases, including those involving ambassadors and other diplomats, and in cases between states.
Although the Supreme Court may hear an appeal on any question of law provided it has jurisdiction, it usually does not hold trials. Instead, the Court’s task is to interpret the meaning of a law, to decide whether a law is relevant to a particular set of facts, or to rule on how a law should be applied. Lower courts are obligated to follow the precedent set by the Supreme Court when rendering decisions.
In almost all instances, the Supreme Court does not hear appeals as a matter of right; instead, parties must petition the Court for a writ of certiorari. It is the Court’s custom and practice to “grant cert” if four of the nine Justices decide that they should hear the case. Of the approximately 7,500 requests for certiorari filed each year, the Court usually grants cert to fewer than 150. These are typically cases that the Court considers sufficiently important to require their review; a common example is the occasion when two or more of the federal courts of appeals have ruled differently on the same question of federal law.
If the Court grants certiorari, Justices accept legal briefs from the parties to the case, as well as from amicus curiae, or “friends of the court.” These can include industry trade groups, academics, or even the U.S. government itself. Before issuing a ruling, the Supreme Court usually hears oral arguments, where the various parties to the suit present their arguments and the Justices ask them questions.
If the case involves the federal government, the Solicitor General of the United States presents arguments on behalf of the United States. The Justices then hold private conferences, make their decision, and (often after a period of several months) issue the Court’s opinion, along with any dissenting arguments that may have been written.
And then the supreme court can rule their regulations unconstitutional ?
They have only done it once in our history, they prevented the supreme court from hearing a appellate case where the defendant lost. I can’t remember the case, but the law they crafted was so explicit there was only one case it pertained to, and they have never done it again.
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