Justice Alito says Congress lacks the power to impose an ethics code on the Supreme Court

Justice Samuel Alito says Congress lacks the power to impose a code of ethics on the Supreme Court, making him the first member of the court to take a public stand against proposals in Congress to toughen ethics rules for justices in response to increased scrutiny of their activities beyond the bench.

“I know this is a controversial view, but I’m willing to say it. No provision in the Constitution gives them the authority to regulate the Supreme Court—period,” Alito said in an interview he gave to the Wall Street Journal opinion pages. An account of the interview, which the paper said took place in New York in early July, was published Friday.

Democrats last week pushed Supreme Court ethics legislation through a Senate committee, though the bill’s prospects in the full Senate are dim.