Justice Antonin Scalia
Justice Antonin Scalia on Thursday joined his Supreme Court benchmates in expressing concern over congressional interference into federal judicial matters.
Addressing a group on Capitol Hill that included about a dozen members of Congress, the 70-year-old justice said separation powers between the branches of government should be respected.
He said it is not proper for Congress "to direct the Supreme Court" in how it does its job. At the same time, Scalia added that he has long opposed trying to legislate from the bench, and that courts sometimes have taken on too much regulatory power best left to Congress.
"All you have to do is pass the statute and it's not up to us to tell you otherwise," he added. "Let us make our mistakes just as we let you make yours," which brought heavy laughter from the crowd.
Justice Ruth Bader Ginsburg and her retired colleague Sandra Day O'Connor have been especially outspoken on the issue recently.
Ginsburg earlier this month labeled as "a really scary idea" a congressional proposal to create an inspector general to serve as a watchdog over the federal courts.
"My sense is that the judiciary is under assault in a way that I haven't seen before," she said.
O'Connor said in March that lawmakers who threaten to impeach judges or reduce their authority make her "very, very angry." She called it a "serious threat" to the independence of the courts.
"I am against judicial reform driven by nakedly partisan attempts to strong-arm the judiciary," she said.
Scalia's comments were far more conciliatory, noting each branch of government has a distinct role to play.
