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David Zimmermann, News Intern


NextImg:Top Senate Democrat slams Samuel Alito for saying Congress can't regulate Supreme Court

Sen. Dick Durbin (D-IL) condemned Supreme Court Justice Samuel Alito’s argument that Congress has no authority over the Supreme Court as Senate Democrats look to impose ethics rules on the court.

Durbin criticized Alito on Wednesday after the latter gave an interview to the Wall Street Journal. The senator called out the justice for speaking his thoughts on the ethics reform bill, the Hill reported.

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“Now, Justice Alito is providing speculative public commentary on a bill that is still going through the legislative process. Let’s be clear: Justice Alito is not the 101st member of the United States Senate,” Durbin said. “His intervention in Article I activity is unwise and unwelcome.”

The Senate Judiciary Committee, of which Durbin is the chairman, advanced a Supreme Court ethics bill last month that would require justices to adopt a new code of conduct and create a transparent process for people to submit ethics complaints against court members. The bill would also compel justices and law clerks to disclose gifts, travel, and income just as members of Congress do.

Last week, Alito defended himself more than a month after becoming entangled in claims he was in the wrong for failing to disclose a vacation he took with GOP megadonor Paul Singer. Justice Clarence Thomas also faced a similar accusation earlier this year.

In the interview, Alito said Congress cannot regulate the high court, prompting Durbin to respond this week.

“I know this is a controversial view, but I’m willing to say it,” Alito said. “No provision in the Constitution gives them the authority to regulate the Supreme Court — period.”

Durbin and other Senate Democrats are poised to continue pushing the bill upon returning from their August recess. The Senate reconvenes Sept. 5.

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“The ethical conduct of Supreme Court Justices is a serious matter within this Committee’s jurisdiction. Ensuring ethical conduct by the justices is critical to the Court’s legitimacy,” Durbin said.

“The next time Justice Alito thinks about taking a private plane to a billionaire-funded fishing trip," he added, "he should have to ask more than ‘Can I take this empty seat?’ He should have to ask if doing so is consistent with his legally-mandated ethical obligations.”