Justice Samuel Alito’s Ethics About-Face Doesn’t Inspire Confidence in the Court

When Justice Samuel Alito was securing his place on the Supreme Court, he promised to adhere to ethics laws from Congress. But after failing to comply with anti-corruption laws, Alito is now insisting lawmakers have no authority to regulate the court.

Supreme Court Justices Samuel Alito And Elena Kagan Testify Before The House Appropriations Committee

Justice Samuel Alito testifies about the Supreme Court’s budget March 7, 2019 in Washington, DC. (Chip Somodevilla / Getty Images)


As the Senate considers legislation requiring the Supreme Court to adopt a code of ethics, Justice Samuel Alito recently insisted that lawmakers do not have “the authority to regulate the Supreme Court — period,” claiming that this is an issue he and his fellow justices “have all thought about.”

But when Alito and most of his colleagues were trying to secure their confirmations to the high court, they promised the Senate Judiciary Committee they would adhere to ethics laws from Congress that regulate justices’ acceptance and disclosure of gifts, limit their outside employment income, and mandate recusal in some circumstances.

If Alito or any of the other justices had argued during their confirmation processes that Congress can’t regulate the Supreme Court, or that justices are not obligated to obey ethics laws, they may not have been approved by the Senate.

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