Chief Justice Roberts' Refusal to Testify at the Senate Judiciary Committee on Supreme Court Ethics on Separation of Powers Grounds is Ludicrous

Congress is Intimately Involved in the Structure and Funding of the Court

The Chief Justice claimed the Congress has no right to be involved in inquiries about ethics of Supreme Court Justices claiming that Constitutional separation of powers bars such an inquiry. His claim is ludicrous.

Congress by legislation, duly adopted, has done the following:

1. Set the number of Justices to sit on the Supreme Court;

2. Established the jurisdiction of the Supreme Court which defines what cases the Court can hear;

3. Sets the salaries of the Justices;

4. Pays the expenses of the Supreme Court operation;

5. Pays for security of the Justices; and

6. The Senate Conducts hearings on confirmation of Supreme Court Justices and votes on whether to confirm their nomination by the president.

For Roberts to claim that any Senate inquiry into the Justices’ ethics is impermissible is ludicrous in light of the fundamental involvement of Congress in Supreme Court structure, operations and funding.

If Congress wanted to do so it could amend Title 28 of U.S. Code to eliminate all or some of the Court’s jurisdiction or modify the terms and conditions for jurisdiction.

Congress could also expand the Court’s jurisdiction.

Congress has legitimate concerns about the ethics of a number of the Justices based on investigations reported by ProPublica and others on Justices Thomas, Alito, Gorsuch and Roberts.

The Chief Justice has apparently not taken the lead in responding to the ethical breaches and in adopting an enforceable canons of ethics as govern all other federal judges. That is to his discredit, and CJ Roberts needs to address the ethics problems within the Court or Congress will have to do so.