. “We respect the Senate Judiciary Committee’s important role in formulating legislation concerning our federal courts system, and would welcome a discussion with your staff,” Bopp wrote. The letter marks a new phase in Crow’s approach to dealing with the Senate committee’s inquiry – signaling an understanding of the panel’s oversight role when it comes to the judiciary.
The committee’s inquiry, the attorney argued, violates separation of powers principles between the court and Congress. He additionally said that the committee does not have a valid legislative purpose for its investigation. “To reiterate, Congress does not have the power to impose ethics standards on the Supreme Court,” Bopp wrote, saying it “therefore cannot mount an investigation for the purpose of helping craft such standards.