Not just the alleged gifts, but the core of Whitehouse’s complaint revolves around comments made by Justice Alito during a recent Wall Street Journal interview. There, Alito implied Congress doesn’t have the power to regulate the supreme judiciary, creating ripples in the sea of constitutional law.
And the timing? The interview aired just over a week post the Senate Judiciary Committee green-lighting Whitehouse’s proposal for a Supreme Court code of ethics. Whitehouse believes Alito’s comments are a direct counter to his proposed legislation.
Weighing in on the Matter: Expert Opinions
Many constitutional law scholars stand with Whitehouse. Jefferson, for instance, vehemently believes, “Alito is mistaken in asserting that the Constitution doesn’t provide Congress the authority to oversee the Supreme Court.”
However, a new terrain is being navigated here. Josh Blackman of South Texas College of Law highlighted that, historically, there hasn’t been a blueprint for submitting such complaints. Although Whitehouse’s bill might set a precedent.
