Alito Warns A Democratic Congress Could 'Turn Off The Lights' At The Supreme Court
Supreme Court Justice Samuel Alito warned Thursday that Congress could use its control over federal spending to disrupt the court's work.
Alito spoke to more than 1,000 conservative lawyers at the Federalist Society's annual Antonin Scalia Memorial Dinner, a week after Democrats won control of both houses of Congress in the midterm elections.
He raised the prospect of lawmakers deciding to "turn off the lights at the Supreme Court" by withholding funding, and said Congress had many other ways to pressure the judiciary if it chose to try.
"So, it is important to preserve the independence of the judiciary," Alito said. "If that is eliminated, then the Constitution as adopted in 1789 will no longer be the same."
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'The Least Powerful Branch'
Alito did not mention the election results or the coming change in congressional leadership. But Democrats have previously considered using Congress's spending power as leverage against the court, where conservatives hold the majority. His remarks concerned what lawmakers could do with that authority if they tried to cut off money for court operations.
He described the judiciary as the least powerful branch and said it was "vulnerable" to Congress and the executive. His warning focused on the practical consequences of a funding cutoff, including the court's ability to keep hearing cases.
A fight over appropriations could reach the court's day-to-day operations even if it began with objections to a particular ruling.
Two of Alito's colleagues had already pressed lawmakers on the issue. Over the summer, Justices Elena Kagan and Amy Coney Barrett made a rare visit to Capitol Hill to push for a larger judiciary budget and more money for security as threats increased. The joint appearance put two justices from different wings of the court before lawmakers with the same request.
Grenades, Bombs And Nuclear Weapons
Alito also used the speech to address how judges themselves use their power when cases challenge policies set by elected officials.
He compared the branches' relative power to a hand grenade, a 500-pound bomb and a nuclear weapon. His point was that a branch with less power than the others can still do damage when it oversteps.
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"But that is not to say that it is not dangerous," Alito said of the grenade.
He took particular aim at some lower court orders blocking presidential policies in recent years, calling certain orders "unjustified." He praised the ability and commitment of lower court judges before delivering a sharper criticism.
"They are dedicated and they are skillful, but they're not perfect and they make mistakes," Alito said. "And in some instances, I think they have gone far astray in abuse of their powers."
A Federalist Society Tradition
The dinner, named for the late Justice Antonin Scalia, is part of the Federalist Society's annual convention each November. Justice Brett Kavanaugh and Barrett shared the stage at last year's dinner, and Justice Neil Gorsuch appeared with former Justice Stephen Breyer the year before.
Alito previously addressed the dinner virtually during the pandemic, when he said the health crisis had brought "previously unimaginable" restrictions on civil liberties.
The Federalist Society says it takes no official positions on legal or political questions, NBC News reported. Over decades, it has become a fixture of the conservative legal movement and a source of Republican judicial nominees.