Alito Warns Congress on Judicial Independence
Supreme Court Justice Samuel Alito warned that a Democrat‑controlled Congress could dismantle the judiciary’s independence. He made the remarks at The Federalist Society’s Antonin Scalia Memorial Dinner.
During a televised interview with Federalist Editor‑in‑Chief Mollie Hemingway, the justice said Congress could “turn off the lights” at the Supreme Court and halt its operations.
Alito emphasized that preserving judicial independence is essential, warning that any erosion would alter the Constitution as adopted in 1789.
His comments come as Democrats, buoyed by recent midterm victories, intensify threats against the court’s conservative majority.
Incoming congressional leaders and potential 2028 presidential candidates have publicly called for expanding the number of justices, a move Alito described as an effort to stack the bench with left‑wing activists.
Such proposals follow years of ethics attacks funded by left‑leaning advocacy groups, including ProPublica, which have sought to portray the court as corrupt.
Alito cautioned that while the judiciary is the “least dangerous” branch, judges can also abuse their authority.
He noted that lower‑court judges, though skilled, are not infallible and have overreached in several recent rulings.
These remarks reference lower‑court decisions that have repeatedly challenged the Trump administration, a pattern Alito and his colleagues have criticized in recent Supreme Court opinions.
Shawn Fleetwood is a staff writer for The Federalist and a University of Mary Washington graduate. He co‑received the 2025 Dao Prize for Investigative Journalism and his work appears in RealClearPolitics and RealClearHealth. Follow him on Twitter @ShawnFleetwood
