Justice Alito warns Congress could defund the Supreme Court
At a Federalist Society dinner on Thursday, Alito also said some lower-court judges have gone "far astray" with "unjustified" orders against presidents.
Justice Samuel Alito said Thursday that has the power to defund the Supreme Court and stop its work. He spoke at the Federalist Society's Antonin Scalia Memorial Dinner, in a conversation with author Mollie Hemingway. Congress, he said, "can turn off the lights" at the court if it wants to defund its activities.
He called preserving the independence of the judiciary important and said that if it is eliminated, the Constitution as adopted in 1789 "will no longer be the same." Alito described the judiciary as the "least dangerous" branch, vulnerable to the president and Congress, but said that does not mean it is not dangerous, comparing it to a hand grenade. He also said lower-court judges are dedicated and skillful but not perfect, and that in some instances they have gone "far astray."
He criticized what he called "unjustified" orders blocking presidents' policies. Alito did not directly mention the elections, where Democrats gained control of and of the .
Three sides of the story
11 news outlets reported this · Little coverage from liberal outlets
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Liberal3 outlets
A court caught between president and Congress
NBC News headlines Alito's remarks as a court caught between the president and a Congress that can "turn off the lights." It reports he called the judiciary the "least dangerous" branch, likened the court to a "hand grenade," and said some lower-court judges have gone "far astray." NBC adds that the Trump administration has had a high success rate on the emergency docket, with interim rulings allowing immigration enforcement, restructuring of the federal government and a White House ballroom.
It notes Alito did not directly refer to the midterms. The Daily Beast headlines the speech as a warning that Congress could effectively shut down the court. It explains that justices must keep being paid but Congress could cut money for clerks' salaries and building upkeep.
It says Democrats could pursue term limits, ethics rules or adding seats, quotes House Minority Leader Hakeem Jeffries on the need to "clean up the mess at the Supreme Court," and, citing Politico's Playbook, notes Alito made no mention of Trump's calls to judges.
Center1 outlet
Alito's warning against defunding the court
The Hill headlines that Alito warns Congress can "turn off the lights" at the Supreme Court. It reports he spoke to the Federalist Society on Thursday and warned against any potential congressional action to defund the court, while defending the importance of an independent judiciary.
Conservative7 outlets
Alito's alarm as Democrats take over Congress
The Federalist, through editor-in-chief Mollie Hemingway's interview with Alito, says he is "sounding the alarm" over potential moves by incoming Democratic-led Congress to weaken judicial independence. It reads his comments as a reference to the midterm wins and Democrats' "ongoing threats" against the court, and calls their ethics criticism of justices "phony." The Daily Signal links the remarks to the new Democratic majorities and to proposals for expanding the court to 13 justices, term limits and ethics rules.
It reports that Sen. Sheldon Whitehouse said he and Rep. Jamie Raskin were coordinating an effort to investigate and justices. A text carried by RedState, headlined "Lights Out at SCOTUS?", says Alito warned Congress could defund the court. It adds that a funding cutoff "seems unlikely" but that Alito is worried.
The same text recalls that Justices Kagan and Barrett visited Capitol Hill over the summer to advocate more judiciary funding. Breitbart News runs the story as a "Report" and adds Rep. Alexandria Ocasio-Cortez's suggestion that Democrats were willing to impeach justices, plus Rep. Pramila Jayapal's call to expand the court.
- The Federalist: As Dems Ready To Take Power, Alito Warns Of Threats To Judicial ‘Independence’
- The Daily Signal: Alito Warns Congress Can ‘Turn Off the Lights’ at Supreme Court
- RedState: Lights Out at SCOTUS? Alito Sounds the Alarm Over Congress' Power of the Purse
- Breitbart News: Report -- Justice Samuel Alito: 'Congress Can Turn Off the Lights' at SCOTUS in Order to 'Defund Their Activities'
Which side made the stronger case?
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All sources: 11 articles from 11 outlets
Liberal (3)
- HuffPost: Samuel Alito Warns Congress Could 'Turn Off The Lights' At Supreme Court Days After Democrats Win Control
- NBC News: Alito says Supreme Court is caught between the president and a Congress that can ‘turn off the lights’
- The Daily Beast: Alito Warns Congress Could Effectively Shut Down Supreme Court
Center (1)
Conservative (7)
- Breitbart News: Report -- Justice Samuel Alito: 'Congress Can Turn Off the Lights' at SCOTUS in Order to 'Defund Their Activities'
- Fox News: Alito warns against congressional Supreme Court meddling, says some lower court judges 'have gone far astray'
- New York Post: Samuel Alito warns Democrats could ‘turn off the lights’ at Supreme Court by cutting funding
- RedState: Lights Out at SCOTUS? Alito Sounds the Alarm Over Congress' Power of the Purse
- The Daily Signal: Alito Warns Congress Can ‘Turn Off the Lights’ at Supreme Court
- The Epoch Times: Alito Warns Congress Has Power to ‘Turn Off the Lights’ at Supreme Court, Defund Activities
- The Federalist: As Dems Ready To Take Power, Alito Warns Of Threats To Judicial ‘Independence’
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