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.
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. 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, which was published hours before ProPublica posted its story.
While no other justice has spoken so definitively about ethics legislation, Roberts has raised questions about Congress' authority to oversee the high court.
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