This is untrue, as Section III of the Constitution explicitly says that Congress can determine how to organize the court, and Kagan stated as much. “Of course, Congress can regulate various aspects of what the Supreme Court does,” she said. “Congress funds the Supreme Court. Congress historically has made changes to the court’s structure and composition. Congress has made changes to the court’s appellate jurisdiction.”
Chief Justice John Roberts has also begged Congress to stay out of the court’s business—but that may be because he has since come under fire for shady behavior too, albeit of a much less brazen variety than his colleagues Thomas and Alito. His wife, Jane Roberts, has allegedly been paid more than $10 million by multiple law firms—at least one of which argued a case before her husband, after it had already paid her hundreds of thousands of dollars.
Thomas has for years accepted hundreds of thousands of dollars’ worth of gifts from GOP megadonor Harlan Crow, in the form of island-hopping yacht vacations. The Nazi memorabilia collector also paid for Thomas’s nephew’s tuition, and he bought a Thomas family property, where Thomas’s mother still lives.