Recently, Justice Samuel Alito dared to speak out against so-called "ethics" reforms targeting the U.S. Supreme Court, pointing out that Congress doesn't actually have the authority to regulate the Court, "period." That didn't sit too well with many Democrats, including Senate Judiciary Committee Chairman Dick Durbin (D-IL). "Let’s be clear: Justice Alito is not the 101st member of the United States Senate. His intervention in Article I activity is unwise and unwelcome," Durbin pointed out in part in a statement posted to the office of his website and the Committee.
As I told @Townhallcom, "Alito did not shrink from pointing out that Congress cannot constitutionally impose an ethics code on #SCOTUS … Alito acknowledged that it 'is a controversial view,' … [but] Alito should be admired for putting blunt honesty above avoiding controversy… https://t.co/jWAec8T6Kp
— Curt Levey (@Curt_Levey) August 3, 2023
At least for voting purposes, there already is a 101st member of the Senate, Vice President Kamala Harris. Curt Levey, a constitutional law attorney and the president of the Committee for Justice, who shared with Townhall earlier this week that he agrees with Alito's comments, also tweeted out a clapback.
Levey pointed out in part that "Dick Durbin is not the 10th member of the Supreme Court" and that the Committee's "ethics bill is unwise and unwelcome."
And Dick Durbin is not the 10th member of the Supreme Court. He & his colleagues can’t impose an ethics code on #SCOTUS, an equal & independent entity under the Constitution, any more than the Court can impose an ethics code on Congress. Their ethics bill is unwise and unwelcome. https://t.co/L5F0M7eOvP
— Curt Levey (@Curt_Levey) August 2, 2023
Durbin also tweeted out the full statement over Twitter. "Thus far, the Supreme Court has resisted efforts by the Senate Judiciary Committee to engage on ethics reform beginning with Chief Justice Roberts, who has rebuffed information requests and an invitation to discuss this important oversight matter," the statement began. It looks like the Court will indeed continue what Durbin categorizes as having "resisted" and "rebuffed" these efforts to impose.
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What they're trying to tell Durbin has been to stay in his lane. It's about co-equal branches and separation of powers here. "He & his colleagues can’t impose an ethics code on #SCOTUS, an equal & independent entity under the Constitution, any more than the Court can impose an ethics code on Congress," Levey's tweet also said about Durbin.
Thus far, the Supreme Court has resisted efforts by the Senate Judiciary Committee to engage on ethics reform beginning with Chief Justice Roberts, who has rebuffed information requests and an invitation to discuss this important oversight matter.
— Senator Dick Durbin (@SenatorDurbin) August 2, 2023
In addition to his comments about Alito mentioned above, Durbin claimed that that "ethical conduct" is "within this Committee’s jurisdiction" and that "[e]nsuring ethical conduct by the justices is critical to the Court’s legitimacy."
As the justices have mentioned multiple times, though, including the chief justice in his letter to Durbin from late April, they already abide by a statement of ethics.
The ethical conduct of Supreme Court Justices is a serious matter within this Committee’s jurisdiction.
— Senator Dick Durbin (@SenatorDurbin) August 2, 2023
Ensuring ethical conduct by the justices is critical to the Court’s legitimacy.
What followed was even stronger, more threatening in nature language from Durbin, including about Alito having to ask himself what he does next. "I’ve said from the beginning of this inquiry: if the Court does not act on ethics reform, Congress will," he said, repeating the same point he's made over and over, which the Court continues to push back against.
I’ve said from the beginning of this inquiry: if the Court does not act on ethics reform, Congress will.
— Senator Dick Durbin (@SenatorDurbin) August 2, 2023
We advanced a bill to do so last month, and we will continue our push to ensure that the highest court in America does not have the lowest ethical standards.
The bill that Durbin referred to, the Supreme Court Ethics, Recusal, and Transparency Act, did indeed advance out of Committee last month, but it did so entirely on partisan lines. Republican members of the Committee made particularly clear their opposition. Although the Committee eventually voted unanimously in favor of an amendment condemning racist attacks against another conservative justice, Justice Clarence Thomas, it still took the Democratic members considerable time to get there.
Considering that it needs 60 votes to pass, the bill has no chance of actually succeeding.
Durbin still keep tweeting about "ethics" of the Court throughout Wednesday and into Thursday morning, emphasizing the same points repeatedly.
Justice Alito is not the 101st member of the United States Senate.
— Senator Dick Durbin (@SenatorDurbin) August 2, 2023
His intervention in Article I activity is unwise and unwelcome.
If the Court does not act on ethics reform, Congress will. pic.twitter.com/IsUKGbkzqS
The next time Justice Alito thinks about taking a private plane to a billionaire-funded fishing trip, he should have to ask more than “Can I take this empty seat?”
— Senator Dick Durbin (@SenatorDurbin) August 2, 2023
He should have to ask if doing so is consistent with his legally-mandated ethical obligations.
Ensuring ethical conduct by the Supreme Court Justices is critical to the Court’s legitimacy.
— Senator Dick Durbin (@SenatorDurbin) August 3, 2023
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