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Dominick Reuter, Erin Schaff/Reuters
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Senate Judiciary Committee Democrats sent a letter to Supreme Court Chief Justice John Roberts on Thursday demanding that he force Justice Samuel Alito to recuse himself from any future cases involving efforts to regulate the high Court, citing Alito’s public defense of the Court’s independence from Congressional oversight as disqualifying. Shortly after the letter was sent, Justice Elena Kagan publicly weighed in on the debate in the other direction, defending the right of Congress to check the Supreme Court.
Alito told the Wall Street Journal earlier this week that Congress lacks the authority to regulate the Court.
“Congress did not create the Supreme Court,” Alito said. “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.”