WASHINGTON — 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. An account of the interview, which the paper said took place in New York in early July, was published Friday.
Democrats last week pushed Supreme Court ethics legislation through a Senate committee, though the bill’s prospects in the full Senate are dim.
All federal judges other than the justices already adhere to an ethics code that was developed by the federal judiciary. But the Supreme Court’s unique status — it’s the only federal court created by the Constitution — puts it outside the reach of those standards that apply to other federal jurists.
Democrats first sought to address that after ProPublica reported earlier this year that Justice Clarence Thomas participated in lavish vacations and a real estate deal with a top Republican donor — and after Chief Justice John Roberts declined to testify before the committee about the ethics of the court.
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.
The 73-year-old Alito, who joined the court in 2006, has rejected the idea that he should have disclosed the Alaska trip or stepped away from cases involving the donor, hedge fund owner Paul Singer. Alito penned his own Wall Street Journal op-ed, published hours before ProPublica posted its story.
Alito said he is unwilling to leave allegations unanswered, though he acknowledged that judges and justices typically don’t respond to their critics.
“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.
While no other justice has spoken so definitively about ethics legislation, Roberts has raised questions about Congress’ authority to oversee the high court.
