Alito wasn’t bluffing: He believes the Supreme Court is above the law
Alito wasn’t bluffing: He believes the Supreme Court is above the law
His recently issued statement, declining to recuse himself in a controversial case, was issued without a single citation or reference to the controlling federal statute.
Supreme Court Justice Samuel Alito no doubt intended to shock the political world when he told interviewers for the Wall Street Journal that “No provision in the Constitution gives [Congress] the authority to regulate the Supreme Court — period.”
Many observers dismissed his comment out of hand, noting the express language in Article III, establishing the court’s jurisdiction under “such regulations as the Congress shall make.”
But Alito wasn’t bluffing. His recently issued statement, declining to recuse himself in a controversial case, was issued without a single citation or reference to the controlling federal statute. Nor did he mention or adhere to the test for recusal that other justices have acknowledged in similar circumstances. It was as though he declared himself above the law.
Dissolve the court. Arrest Alito, Thomas, Gorsuch and Kavanaugh - the crimes committed by those four are known to the public. Appoint a special investigator for each remaining justice. If they've so much as taken a stick of chewing gum from someone with business before the court imprison them too. Every one of them is delinquent in their duty to preserve the impartiality and legitimacy of the court. Every one of them has cosigned Alito's statement that the court is above regulation. Every one of them endorses this clown show where the highest court in the land is blatantly, publicly for sale. If they won't protect the legitimacy of the court we need to take steps to protect the legitimacy of the court from them. They can declare themselves immune from prosecution but no one is immune from the will of a people united in their support for real justice.
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45Sounds like Alito is having a mental break with reality and needs round the clock psychiatric care to ensure his safety. Clearly unfit to sit on any court.
36Remember, the supreme court thinks regulation means well armed.
23Abolish the Supreme Court.
20Why would he ever bluff? He holds all the cards!
19Alito out.
8This is the best summary I could come up with:
Durbin detailed the ethics problems raised by Alito’s two-part interview in the Wall Street Journal, which was conducted by journalist James Taranto and David Rivkin, a practicing lawyer.
Rivkin happens to be counsel of record in Moore v. United States, a major case that was pending in the Supreme Court at the time of the interview and is now set for argument, which may determine the federal government’s authority ever to impose a tax on “unrealized gains” or wealth.
The actual law, in Scalia’s words, requires Alito to determine whether a “reasonable observer who is informed of all the surrounding facts and circumstance” would doubt his ability to exercise detached judgment, given his mid-case work with Rivkin.
The frequent recusals could easily be avoided by investing only in mutual funds (as do the other seven justices), but Alito has obviously chosen to place his personal financial choices ahead of the court’s need for participation by all nine members.
He has so far “voluntarily complied” with other federal ethics statutes, including financial disclosure requirements, but perhaps he will eventually decide there is no “sound reason” for him to keep reporting on his stock holdings.
In May, he told a meeting of the American Law Institute that “I want to assure people that I’m committed to making certain that we as a court adhere to the highest standards of conduct,” and “We are continuing to look at things we can do to give practical effect to that commitment.” At least two other justices — Elena Kagan and Brett Kavanaugh — appear to agree with the chief.
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6Trollito is one angry white man, that's for sure.
4I mean, he's not wrong, he's just being an asshole about it. :)
The Constitution gives two controls on the Supreme Court:
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Nominees are made by the Executive branch and confirmed by the Senate.
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Impeachment.
That's it. There's nothing else in the Constitution about judicial ethics, or recusals, or anything else.
There isn't even really a control on bad or unpopular decisions by the court. It isn't like the relationship between Congress and the executive where they pass laws and the President signs or vetos them and congress can over-ride the veto power.
When the Supreme Court makes an unpopular decision, the only recourse is for Congress to pass a new Amendment.
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But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce [mankind] under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.
just send out little ballots and let us vote on the cases instead. summarize it all in bullet points, all the legalese is bullshit, they can always find something to justify their view anyway
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