Kagan enters fray over Congress’ power to police Supreme Court

“Of course, Congress can regulate various aspects of what the Supreme Court does,” said Supreme Court Justice Elena Kagan on Thursday. “Congress funds the Supreme Court. Congress historically has made changes to the court’s structure and composition.” | Chip Somodevilla/Getty ImagesPORTLAND, Ore.

“Congress did not create the Supreme Court,” Alito told The Wall Street Journal’s editorial page. “No provision in the Constitution gives them the authority to regulate the Supreme Court — period.” However, Kagan also said it would be her preference to see the Supreme Court act to defuse the current controversies by taking its own action to address ethics concerns. And she became the first justice to publicly confirm widely held suspicion that the members of the court don’t see eye to eye on the issue — disagreement that has limited an attempt by Chief Justice John Roberts to act on the subject.

In her first public comments since the court wrapped up its work this term just over a month ago, Kagan repeated some of her prior criticism, suggesting that her conservative colleagues were sometimes carrying out their policy preferences. She cited, in particular, rulings from this term reining in the federal government’s power to regulate wetlands and rejecting President Joe Biden’s plan for student debt relief.

On balance, Kagan’s latest remarks seemed to lack the edge of her comments last summer and fall, when she often“Some years are better than other years,” Kagan said last year as she looked back over the term in which the court ruled on abortion. “Time will tell whether this is a court that can get back … to finding common ground.”

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