Justice Samuel Alito says Congress lacks the power to impose a code of ethics on the Supreme Court. He becomes the first member of the court to take a public stand against proposals in Congress to toughen ethics rules for the justices.
He may be wrong in a structural sense, but he is making a valid point in a how things really work sense. The phrase “legislate from the bench” was coined for a reason. The concept of judgement notwithstanding the verdict grants some of that power to lower courts. It shouldn’t be like that, but it is.
He may be wrong in a structural sense, but he is making a valid point in a how things really work sense. The phrase “legislate from the bench” was coined for a reason. The concept of judgement notwithstanding the verdict grants some of that power to lower courts. It shouldn’t be like that, but it is.