Harlan Crow is declining to participate in a congressional investigation of his flagrantly corrupt relationship with the Supreme Court based on the very textualist and originalist theory “L’Etat, C’est Clarence (et, bien sur, Leonard Leo)”:
an argument that congress has no power to "regulate the internal affairs and operations of the Supreme Court" runs very quickly into the little problem that the supreme court cannot operate without congressional appropriations and that it owes its structure to statute https://t.co/yhGA4GBjwX— b-boy bouiebaisse (@jbouie) May 23, 2023
The idea that the Constitution established the Supreme Court as a feudal Star Chamber entirely beyond any congressional accountability runs into additional problems such as the exceptions and regulations clause and the power to impeach all Article III judges. It is, in other words, the most abject bullshit imaginable. And the fact that most of what passes for Republican legal reasoning is no better than this is precisely why Crow and his allies are demanding that the Court be treated as an unaccountable feudal Star Chamber.. The great circle-jerk of authoritarianism!