Justice Alito Sounds Alarm Over Democrats’ Power To Cripple Supreme Court Through Its Purse Strings

Associate Justice Samuel Alito’s warning that Congress holds the power to “turn off the lights” at the Supreme Court could portend a new era of confrontation between the justices and Democratic lawmakers following the midterm elections.Justice Alito made those remarks on Thursday at the Antonin Scalia Memorial Dinner hosted by a conservative legal group, the Federalist Society. Justice Alito was nominated to the Supreme Court by President George W. Bush in 2005. At the age of 76, Justice Alito is the second oldest jurist on the high bench, after only Associate Justice Clarence Thomas, 78.“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,” is how Justice Alito put it to the more than 1,000 lawyers gathered at the District of Columbia. He added that it is “important to preserve the independence of the judiciary. If that is eliminated, then the Constitution as adopted in 1789 will no longer be the same.”Congress’s role in funding the high bench flows from Constitutional bedrock. Article I Section 8 empowers Congress to “lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.” Article I Section 9 mandates that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Article III, though, commands that the “compensation” received by the justices “shall not be diminished during their Continuance in Office.” Alexander Hamilton writes in 79 Federalist that “a power over a man’s subsistence amounts to a power over his will.” He adds that “next to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support.” The Declaration of Independence accused King George III of having “made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.” Democrats have not threatened to defund the high court but they have mooted other changes. President Biden proposed ending lifetime tenure and imposing a binding code of ethics. Altering tenure would require a constitutional amendment, as Article III ordains tenure during “good behavior” except in cases of impeachment, death, or retirement. Vice President Harris and Congressman Hakeem Jeffries — soon to be speaker of the House — have supported expanding the number of justices. That would need only a simple majority in both houses — and a presidential John Hancock.While Justice Alito did not explicitly mention the elections that propelled Democrats back into power, those results have put into sharp relief the possibility that the Roberts Court could look different in the years ahead. The New York Times reported in the immediate aftermath of the midterms that Justice Alito has no plans to step aside before January, when the Democrats will gain control of the Senate —and the ability to block any new nominees. Because of the way Senate terms are staggered, analysts say the Democrats are likely to retain their edge in the chamber at least through 2032 when the court’s two most conservative members, Justices Alito and Thomas, will be 82 and 84 respectively.Justice Alito has been unwavering in his commitment to sit. In October he told Bloomberg News that “I intend to stick around through this term.” He is joined in that commitment by Justice Thomas. During an appearance in 2019, Justice Thomas declared “I’m not retiring.” If Justice Thomas stays on the bench through May 2028, he will eclipse Associate Justice William O. Douglas as the longest serving in history.Justice Alito also shared with the Federalist Society his impression that lower court judges have exceeded their remit. He noted that “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.” Last year, in Trump v. Casa, the Nine took a significant step to curtail those powers by sharply limiting the ability of trial judges to issue nationwide or “universal” injunctions. The power of Congress to pay the Supreme Court’s bills came into sharp focus in July when Associated Justices Elena Kagan and Amy Coney Barrett testified on Capitol Hill before a congressional subcommittees regarding the Supreme Court’s budget and security funding. The justices outlined surging threats to the court’s safety, and asked for an increase of $14 million in 2027 to address those threats. That would take the court’s budget to some $225 million.

Justice Alito Sounds Alarm Over Democrats’ Power To Cripple Supreme Court Through Its Purse Strings

Justice Alito Sounds Alarm Over Democrats’ Power To Cripple Supreme Court Through Its Purse Strings

More from the New York Sun

Ousted CEO Huang Faces Intense Questioning and Possible Legal Jeopardy Over Transfer of Nvidia’s AI Secrets to China

‘Unleashed’ Homeland Security Reports Record Arrests and Deportations in Months Before Midterm Elections

U.S. Soccer Must Start Over After Pochettino’s Unexpected Exit for Manchester United

Far-Left Parties Pressure European Union To End Trade Agreement With Israel

Trump’s Opportunity at the UN

Schumer Faces Revolt as Van Hollen Launches Leadership Challenge

House Leaders Threaten Ousted Nvidia Chief Jensen Huang With Subpoenas If He Does Not Appear for Testimony

Nigerian Christians Face ‘Atrocity’ With No Protection From ‘Appalling’ Muslim Militia, State Department Warns Congress

More from the New York Sun

Ousted CEO Huang Faces Intense Questioning and Possible Legal Jeopardy Over Transfer of Nvidia’s AI Secrets to China

‘Unleashed’ Homeland Security Reports Record Arrests and Deportations in Months Before Midterm Elections

U.S. Soccer Must Start Over After Pochettino’s Unexpected Exit for Manchester United

Far-Left Parties Pressure European Union To End Trade Agreement With Israel

Trump’s Opportunity at the UN

Schumer Faces Revolt as Van Hollen Launches Leadership Challenge

House Leaders Threaten Ousted Nvidia Chief Jensen Huang With Subpoenas If He Does Not Appear for Testimony

Nigerian Christians Face ‘Atrocity’ With No Protection From ‘Appalling’ Muslim Militia, State Department Warns Congress