Congress Has Authority to Regulate Supreme Court, Says Justice Kagan

PORTLAND, Ore. (AP) — Justice Elena Kagan publicly declared her support for an ethics code for the U.S. Supreme Court but said there was no consensus among the justices on how to proceed, suggesting the high court is grappling with public concerns over its ethics practices.

“It’s not a secret for me to say that we have been discussing this issue. And it won’t be a surprise to know that the nine of us have a variety of views about this,” she said Thursday at a judicial conference in Portland, Oregon.

One of the court’s three liberal justices, Kagan said the court could draft and adopt its own code of conduct. Such a move, she said, would do away with questions over whether Congress has the power to impose ethics rules on the high court.

Her comments put her at odds with her fellow court member Justice Samuel Alito, who last month said Congress does not have the authority to establish ethics rules for the court.

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