Supreme Court Justice Samuel Alito warned Thursday that Congress has the power to severely disrupt the nation's highest court by cutting off its funding, raising concerns about the importance of protecting judicial independence amid a changing political landscape in Washington.
Speaking at the Federalist Society's annual Antonin Scalia Memorial Dinner, Alito emphasized that the judiciary remains vulnerable to actions by the legislative and executive branches, despite its constitutional role as an independent check on government power.
“Congress can turn off the lights at the Supreme Court and stop everything from happening if they want to defund their activities. And there are many, many, many other things that they can do, or at least try to do,” Alito said.
“So, it is important to preserve the independence of the judiciary,” he added. “If that is eliminated, then the Constitution as adopted in 1789 will no longer be the same.”
The remarks came just one week after Democrats won control of both chambers of Congress in the midterm elections, setting up a potential shift in the relationship between lawmakers and the conservative-majority Supreme Court.
Alito did not directly mention the election results or the incoming Democratic majorities. However, congressional Democrats have previously considered using their authority over federal spending to exert pressure on the court.
The issue of judicial funding has also drawn attention from other Supreme Court justices.
Earlier this year, Justices Elena Kagan and Amy Coney Barrett made an unusual appearance on Capitol Hill to advocate for the judiciary's budget, including additional funding for security as threats against judges and court personnel have increased.
During Thursday's dinner, attended by more than 1,000 conservative attorneys, Alito described the judiciary as the least powerful of the federal government's three branches.
While defending the courts against outside political pressure, he also acknowledged that judges themselves can misuse their authority.
Alito compared the potential dangers posed by the judiciary to different types of weapons, arguing that even an institution with relatively limited power can cause significant damage.
“If you think about a hand grenade, a 500-pound bomb and a nuclear weapon,” he began, “the hand grenade is the last dangerous. But that is not to say that it is not dangerous.”
The justice also criticized some lower federal court judges for issuing orders that have blocked presidential policies in recent years.
Alito suggested that certain rulings went beyond the proper limits of judicial authority, even as he recognized the professionalism of the federal judiciary.
“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.”
Alito's appearance continued a tradition of Supreme Court justices addressing the Federalist Society's annual gathering.
Justices Brett Kavanaugh and Amy Coney Barrett appeared together at last year's dinner, while Justice Neil Gorsuch previously shared the stage with former Justice Stephen Breyer.
Alito also addressed the organization virtually during the COVID-19 pandemic, when he criticized restrictions on civil liberties imposed during the public health emergency.
The Federalist Society, which officially takes no positions on political or legal issues, has become one of the most influential organizations in conservative legal circles. Its network has played a significant role in shaping Republican judicial nominations and debates over constitutional interpretation.
Alito's latest remarks highlighted an ongoing tension in Washington over the balance of power between Congress and the federal courts.
