The billionaire has lawyered up and declared that he gets to say what the law is, not Congress.
; it rests on a monarchical conception of the court as somehow above the checks and balances that apply to the legislative and executive branches. In Bopp’s view, SCOTUS gets to dole out these checks to Congress and the president, while refusing to accept any checks on its own power. This view became conventional wisdom among Republicans as soon as they seized a supermajority on the Supreme Court. It is judicial supremacy on an overdose of steroids.It is also unusually easy to refute here.
. This section outlines the amendment process, which begins in Congress. Setting aside the current debate over the constitutionality of an ethics, no one seriously argues that Congress could not amend the Constitution itself to impose a code of conduct on the justices. This fact blows up Bopp’s entire theory of the case. Durbin did not specify precisely how his committee intended to proceed with its ethics push, very much leaving open the possibility of an amendment. Would it pass? Not today.
It is clear that the Committee’s investigation is part of a larger campaign to target and intimidate Justice Thomas and unearth what the Committee apparently believes will be embarrassing details of the Justice’s personal life. Those goals do not authorize the Committee to conduct a congressional ethics investigation of Justice Thomas.
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