You're wrong Alito, Congress can definitely make rules and laws to regulate you. They have the explicit authority to do that.
"The court can be trusted to self-regulate"
That's bullshit. With your unethical bribes being accepted and the bullshit rulings you've been making have proven you're an incompetent corrupt court.
Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices.
But will congress enforce the rules? By enforce, I mean using the power of Impeachment and voting to convict under said Article(s) of Impeachment. Otherwise, any rules are pointless. A president can only be prosecuted after leaving office, how do prosecute a sitting supreme court justice who serves for life? Even if you did, they'd still be a sitting justice that can rule from prison since criminal conviction =/= impeachment conviction, and I'd imagine the case could go up to the very court that he/she sit in, and it only takes 4 of their collegues plus their own vote to overturn their own conviction.
In this political climate, it's practically impossible to convict a justice under the impeachment procedure.
An impeachment is not a criminal trial, the Supreme Court would have no authority to make a decision in an impeachment.
Impeachment is purely a political tool to remove nefarious actors from the government. So an impeached justice would have his spot on the bench taken away, and then would be a regular citizen who can face trial and imprisonment like any other.
If they decide to ignore that rule, it’s literally the job the of the president to have them arrested and brought before congress to face their impeachment.
I would hope if the court tried to play that hand, congress would actually start using their authority and install a new court, but I trust congress to have a spine as much as I trust my 102 year old neighbor to mow his lawn.
But don’t worry, that would be like the 3rd constitutional crisis we’ve had in 5 years. They’re getting kind of boring now anyway.
We the people made up the rules and we can change them in any way we want. If the supreme Court has some kind of magic that stops that they are free to deploy that but in the meantime we can assume that they are flesh bags like the rest of us.
SCOTUS won't be able to do shit against a determined president. They're the most powerful branch now, but only one branch has direct access to an enforcement arm, and it isn't SCOTUS.
They better tread carefully. People are only going to become more extreme the more they continue dictating from the bench for the wealthy and corporations. They could be completely neutered as an institution.
When you think about it, the court itself has been unconstitutional since 1803 when they decided for themselves that they had the authority to decide what is and isn’t constitutional. Marbury V Madison is the case that “gave” the court the power of judicial review. A power that is not enumerated in the constitution whatsoever, and was entirely made up by the Supreme Court.
Judicial review is a bullshit system and should have been struck down with an act of congress immediately. Unfortunately, Americans have apparently always been lazy, and delegating constitutional questions to the court was seen as easier than making amendments all the time.
In short: sack the court and start again. Create a new entity for making constitutional interpretations, and make SCOTUS back into what it was supposed to be: the final court of appeals for the judicial system.
Then what would stop Congress from creating blatantly unconstitutional laws? Getting rid of judicial review sounds like a good idea now because the court is run by fascists, but I'm not convinced that getting rid of it entirely would make things better.
I think judicial review needs some serious revision and way to check against its power, but getting rid of it completely makes the legislature too powerful.