Alito warns against congressional Supreme Court meddling, says some lower court judges 'have gone far astray'

Speaking at the Federalist Society's Antonin Scalia Memorial Dinner, Alito highlighted the vulnerability of the judiciary to congressional interference. 'Congress can turn off the lights at the Supreme Court and stop everything from happening if they want to defund their activities,' he stated, emphasizing the need to preserve judicial independence.

Judicial Independence

The justice stressed that eliminating judicial independence would fundamentally change the Constitution adopted in 1789. While Congress could target the Supreme Court's funding, Article III, Section 1 of the Constitution explicitly protects the pay of high court justices, stating it 'shall not be diminished during their Continuance in Office.'

Lower Court Criticism

Alito also addressed the performance of lower-level judges, suggesting they have at times issued 'unjustified' orders obstructing presidential policies. 'They are dedicated, and they are skillful, but they're not perfect, and they make mistakes,' he said. 'And in some instances, I think they have gone far astray in abuse of their powers.'

Background

Alito, who has served on the Supreme Court since 2006 and was nominated by Republican President George W. Bush, recently reiterated that he is not retiring and remains committed through the end of the current Supreme Court term.