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John Gibson's avatar

Just wantied to point out that this post is wrong about the power Congress has. One can argue what they are doing exceeds their authority but not that the the legislative branch is not only limited to impeachment and number of justices. The exceptions clause gives significant power over jurisdiction and proceedings for the Supreme Corut

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GreatAmericanMail's avatar

The article is not "wrong about the power Congress has." The piece was limited to regulation of the Supreme Court. In that regard, Congress is limited to impeachment and the number of justices. There IS NO argument that what Democrats propose to day is unconstitutional and exceeds its authority. Indeed, you have advance no argument for any such legitimate power and neither do the Democrats trumpeting this hoax.

However, you are correct that Congress does possess the power to alter the jurisdiction and some proceedings. It has done so in the past by, for example, altering the appellate process. It should be noted that this is not regulation of the Supreme Court.

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Tony Solomon's avatar

I've asked this question of most of the higher ranking Democrats beating this drum several times. What will you do if the Supreme Court simply says, "No"? I never get an answer because they know they are wrong. They are counting on the ignorance of the average citizen to pull it off.

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John Gibson's avatar

How would you reconcile their power not being regulation of the court when for example it's Congress that required justices do financial disclosures? Congress set the recusal rules albeit didn't provide any mechanism to enforce it and the Supreme Court justices have tanek advantage.

The problem those going after Alito have is that there isn't a good mechanism to hold him accountable for his actions but in an alternate universe where reigning in the Supreme Court was a bipartisian objective Congress could enact legislation that could regulate the court going forward.

If they want to go after someone like Alito they need to engage in a little bit of creativity. Investigate whether he paid taxes on the lavish gifts, etc...

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GreatAmericanMail's avatar

Easy; the Supreme Court has voluntarily agreed to cooperate with the financial disclosure rules. It did not have to.

As you point out, Congress DID NOT provide for any mechanism to enforce the recusal BECAUSE IT CONSTITUTIONALLY CANNOT. Everyone has understood this since the founding. This proves the Democrat claims are a hoax.

You do have a good mechanism for accountability--impeachment. But, there is no reason to because these claims are baseless. They are all based on lies. In fact, this was looked at about 10 years ago and even the New York Times admitted that accepting free food or travel is not a "gift" or unethical. Back then RBG was the biggest recipient, so it was harder to work the hoax. Now that she is gone, it is a little easier, but no less baseless.

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