Justice Kagan Says Congress Has Authority to Regulate Supreme Court

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Supreme Court Justice Elena Kagan told a crowd Thursday she believes Congress possesses authority to regulate select aspects of the Supreme Court. 

Key Quotes: “Can Congress do various things to regulate the Supreme Court? I think the answer is yes,” Kagan said, indirectly refuting the stance taken by Justice Samuel Alito in an interview last month, where he said, “No provision in the Constitution gives [Congress] the authority to regulate the Supreme Court—period.” Kagan told the crowd that the Justices “have been discussing this issue” and hold a “variety of views” on the matter. Kagan advocated the court create its own ethics code without Congress, but argued Congress does have the constitutional authority to impose a code on the court, stating, “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.”

For Context: In recent months, a string of reports from left-rated outlets have stirred controversy surrounding the Supreme Court by highlighting potential ethical violations involving Supreme Court Justices. 

How the Media Covered It: Left-rated outlets covered Kagan’s statements more frequently. The Associated Press (Lean Left bias) stated the Supreme Court is in the midst of a “fraught moment in its history.” The National Review (Right bias) reported on Kagan’s words as coming shortly after Senate Judiciary Committee Democrats pushed for Alito to recuse himself from future court cases pertaining to imposing ethics codes on the Supreme Court for addressing the matter in the media.

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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.

Justice Elena Kagan said during a public appearance Thursday that Congress can regulate aspects of the Supreme Court, a comment that comes as Democrats push a bill that would mandate a binding code of ethics for the justices.

Kagan was asked her thoughts on the issue during an appearance at the 9th U.S. Circuit Court of Appeals Judicial Conference, less than a week after Justice Samuel Alito said in an interview with The Wall Street Journal’s opinion section that Congress lacked the authority to regulate the high court.

Justice Elena Kagan publicly declared her support for an ethics code for the U.S. Supreme Court but said there was no consensus among the justices on how to proceed, suggesting the high court is grappling with public concerns over its ethics practices.

“It’s not a secret for me to say that we have been discussing this issue. And it won’t be a surprise to know that the nine of us have a variety of views about this,” she said Thursday at a judicial conference in Portland, Oregon.