Supreme Court Justice Samuel Alito no doubt intended to shock the political world when he told interviewers for the Wall Street Journal that “No provision in the Constitution gives [Congress] the authority to regulate the Supreme Court — period.”
Many observers dismissed his comment out of hand, noting the express language in Article III, establishing the court’s jurisdiction under “such regulations as the Congress shall make.”
But Alito wasn’t bluffing. His recently issued statement, declining to recuse himself in a controversial case, was issued without a single citation or reference to the controlling federal statute. Nor did he mention or adhere to the test for recusal that other justices have acknowledged in similar circumstances. It was as though he declared himself above the law.
Sadly the world is not as simple as we’re taught in 8th grade. Trying to apply a child like understanding of almost anything in the world doesn’t really give a great understanding of the concept.
It’s the same issue with people talking about “basic biology” as if it means anything. They’ll say their grade school education about sex being male or female is accurate, but in reality it’s much more broad then that without even including gender identity.
Anyone making an appeal to a basic understanding of any concept should be instantly dismissed. If there’s anything to support it, it doesn’t need an appeal to simplicity.