Supreme Court Justice Samuel Alito warned Thursday that Congress holds significant power over the judiciary, including the ability to defund the Supreme Court’s operations, during remarks at the Federalist Society’s Antonin Scalia Memorial Dinner in Washington, D.C.
Alito stated that Congress can "turn off the lights" at the Supreme Court and halt its activities by withholding funding, emphasizing the need to preserve judicial independence. He added that if such independence were eliminated, it would fundamentally alter the U.S. Constitution as adopted in 1789.
The justice described the judiciary as the "least dangerous" branch of government, comparing it to a hand grenade—less powerful than a bomb or nuclear weapon but still capable of causing harm if misused. He acknowledged that judges are "dedicated and skillful" but cautioned that they are not infallible and may occasionally overstep their authority.
Alito also criticized some lower-court judges for issuing what he called "unjustified" rulings that obstructed presidential policies, contributing to the rise of the controversial "shadow docket" over the past decade. This emergency docket has seen high success rates for the Trump administration’s immigration enforcement measures.
The remarks came shortly after Democrats secured control of both the House and Senate in the recent midterm elections, raising questions about potential legislative pressure on the judiciary. Alito did not directly reference the election results but framed his concerns as a broader defense of judicial autonomy.
Judicial Independence and Funding Protections
The U.S. Constitution explicitly protects the pay of Supreme Court justices under Article III, Section 1, which states that judges’ compensation "shall not be diminished during their Continuance in Office." However, funding for operations and security remains subject to congressional appropriations.
In July, Justices Elena Kagan and Amy Coney Barrett testified before Congress to request additional security funding for the Supreme Court, citing rising threats following the 2022 leak of an opinion overturning Roe v. Wade, which was authored by Alito. The leak led to the arrest of Nicholas Roske, who was later convicted and sentenced to eight years in prison for attempting to assassinate Justice Brett Kavanaugh.
Political Reactions and Proposals
Some Democratic lawmakers have previously suggested structural changes to the Supreme Court, including court expansion and term limits, arguing that the current court has overreached in its rulings. Rep. Pramila Jayapal (D-WA) has advocated for these measures, stating that the court needs to be less beholden to corporate interests and more willing to interpret laws consistently.
Conversely, Republican lawmakers, such as Rep. Laurel Lee (R-FL), have criticized these proposals as attempts to undermine the court’s legitimacy. Lee has framed such discussions as an attack on the judiciary’s independence.
Historical Context and Judicial Power
Alito’s remarks echo Alexander Hamilton’s assertion in Federalist No. 78 that the judiciary is the weakest branch, dependent on the other two branches for enforcement. However, he warned that when judges exceed their constitutional authority, their rulings can have significant consequences.
The justice’s comments also highlighted ongoing debates about the "shadow docket", a mechanism used by the Supreme Court to issue emergency rulings without full briefing or oral arguments. Critics argue that this practice bypasses traditional legal processes, while supporters contend it is necessary for urgent cases.