Justice Samuel Alito says Congress lacks the power to impose a code of ethics on the Supreme Court, making him the first member of the court to take a public stand against proposals in Congress to toughen ethics rules for justices in response to increased scrutiny of their activities beyond the bench.
“I know this is a controversial view, but I’m willing to say it. No provision in the Constitution gives them the authority to regulate the Supreme Court — period,” Alito said in an interview he gave to the Wall Street Journal opinion pages. An account of the interview was published Friday.
Since then, ProPublica also revealed that Alito had taken a luxury vacation in Alaska with a Republican donor who had business interests before the court. The Associated Press reported in early July that Justice Sonia Sotomayor, aided by her staff, has advanced sales of her books through college visits over the past decade.
“And so at a certain point I’ve said to myself, nobody else is going to do this, so I have to defend myself,” he said in the newest column. The justices have so far resisted adopting an ethics code on their own, although Roberts said in May that there is more the court can do to “adhere to the highest standards” of ethical conduct, without providing specifics.
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