Kagan asserts Congress possesses authority to regulate Supreme Court: “No imperialism here”

Supreme Court Justice Elena Kagan suggested on Thursday that Congress has the authority to regulate the nation’s highest court, but acknowledged that there are limits to lawmakers’ power to impose rules on the institution. Kagan made these remarks during an appearance at the Ninth Circuit Judicial Conference in Portland, Oregon, where she was asked about Justice Samuel Alito’s recent assertion that Congress does not have the authority under the separation of powers to impose ethics rules on the justices.

“Our whole system is one of checks and balances, and usually when the court talks about that, we’re talking about other actors and the way they check and balance each other or the way we check and balance them,” Kagan said. “But 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. We’re not imperial and we too are a part of a checking and balancing system in various ways.”

Kagan, who was appointed to the Supreme Court by President Barack Obama in 2010, noted that Congress funds the Supreme Court and has in the past changed its structure, composition, and appellate jurisdiction. She stated that Congress does have the power to regulate the Supreme Court, but there are limits to that power.

Kagan was careful with her comments and acknowledged that questions about the constitutionality of legislation policing the Supreme Court could be considered by the justices in the future. She highlighted Chief Justice John Roberts’ comments in May recognizing that there is more the court can do to adhere to the highest standards of ethical conduct. Kagan expressed support for the court adopting formal ethics rules itself, which would eliminate the question of whether Congress could impose an ethics code on the Supreme Court.

The issue of ethics standards for the justices arose after reports revealed Justice Clarence Thomas’ decades-long friendship with Republican megadonor Harlan Crow, who provided him with luxury vacations and purchased properties from him. Additionally, it was found that Justice Alito flew aboard a private jet provided by a Republican hedge fund billionaire for a fishing trip. These revelations led to calls for the Supreme Court to adopt a binding code of conduct or for Congress to take legislative action.

While the justices are considering whether to adopt ethics rules for themselves, the Senate Judiciary Committee advanced legislation last month that would require the Supreme Court to adopt an ethics code. However, the proposal is unlikely to pass the Senate due to opposition from Republicans.

Democrats on the Judiciary panel called on Chief Justice Roberts to ensure that Justice Alito recuses himself from any future cases concerning legislation that regulates the Supreme Court, citing his public comments on the matter. The committee’s Democrats accused Alito of violating a tenet of a “Statement on Ethics Principles and Practices” signed by all nine justices, and they expressed concern that he has prejudged a matter that could come before the Court in the future.

In response to the ethical concerns surrounding the Court, Kagan stated that the justices have been discussing the issue and have a variety of views about it. She emphasized the need for progress in this area and suggested that the question of what Congress can or cannot do regarding ethics rules for the Court should be resolved.

Overall, Kagan’s remarks reflect a recognition of the importance of checks and balances within the judicial system and the need for the Supreme Court to uphold the highest ethical standards. The debate over whether Congress has the authority to regulate the Court and the adoption of formal ethics rules for the justices will likely continue to be a topic of discussion in the coming months.

Original Story at www.cbsnews.com – 2023-08-04 18:08:28