“No provision in the Constitution gives them [Congress] the authority to regulate the Supreme Court — period.”

~ Samuel Alito, Associate Justice of the US Supreme Court

“No provision in the Constitution gives them [Congress] the authority to regulate the Supreme Court — period.”

~ Samuel Alito, Associate Justice of the US Supreme Court

In the aftermath of recent disclosures of unreported lavish gifts to members of the US Supreme Court, by individuals with interests in proceedings before the court, and questionable adherence to recusal doctrine, Congress is considering

In the aftermath of recent disclosures of unreported lavish gifts to members of the US Supreme Court, by individuals with interests in proceedings before the court, and questionable adherence to recusal doctrine, Congress is considering imposing ethical standards on the Court. Some Justices, and their allies outside the Court, claim that Congress has no such authority under the Constitution of the United States.

I believe that such claims, in particular Justice Samuel Alito's quote from a Wall Street Journal interview, are disingenuous. Throughout American history Congress has asserted a very limited authority over the Court, in keeping with two principles, not explicitly stated on the Constitution but well established, of co-equal branches of government and checks and balances. Congress has never asserted authority over the judicial powers of the Supreme Court, but it has established oaths for justices, financial disclosure requirements and other operational requirements in keeping with good government practice.

The Brennan Center for Justice details these assertions of Congressional authority over the Supreme Court in the article below:

https://www.brennancenter.org/our-work/analysis-opinion/congress-has-authority-regulate-supreme-court-ethics-and-duty

Given the design of the Constitution it seems unlikely that the Founders would have enabled the legislative branch (Congress) to check the power of the Executive by overriding presidential vetoes with a 2/3 majority vote, the Executive branch to check Congressional power by vetoing legislation, the judicial branch (federal courts and Supreme Court) to check the Congress and President by interpreting the Constitution, but that neither of those other branches would have any ability to check the functional authority of the Supreme Court except through impeachment.