Justice Elena Kagan declined Thursday to outright answer the question of whether Congress could impose an ethics code on the Supreme Court, but she did allow that it could do “various things” to regulate the high court.
“It just can’t be that the court is the only institution that is somehow not subject to any checks and balances from anybody else,” she said, adding, “I mean, we are not imperial.”
“We, too, are part of a checks and balances system,” she said.
When the check against the highest level of the judicial system is amending the constitution, and the partisan split ensures that congress will never agree to ratify any new amendment, it’s functionally not a check anymore.