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Roll Call
Roll Call
Michael Macagnone

Limits of congressional power to regulate Supreme Court untested - Roll Call

Supreme Court Justice Samuel A. Alito Jr. started a flurry of conversation among judicial and congressional experts when he expressed a self-proclaimed “controversial view” that Congress doesn’t have “the authority to regulate the Supreme Court — period.”

Those experts generally agree that such a broad comment on its face isn’t correct, since Congress does have authority to regulate the Supreme Court’s docket, budget and even how many justices there are.

But the specifics get trickier when it comes to whether Congress has the authority to pass a code of ethics for the Supreme Court, which congressional Democrats have pushed for this year.

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