Supreme Court Justice Samuel Alito issued a warning Thursday about congressional efforts to cut funding for the nation’s highest court, arguing that financial pressure from lawmakers could threaten judicial independence.
Speaking at the Federalist Society’s annual convention in Washington, Alito defended the constitutional separation between the judiciary and the political branches of government.
The conservative justice said federal courts must be able to issue decisions without fearing financial retaliation from Congress.
“If you defund the courts, you destroy judicial independence,” Alito said.
His remarks come as Democrats prepare to take control of the House in January following the midterm elections, creating divided government for the final two years of President Donald Trump’s term.
Alito did not single out a specific lawmaker or legislative proposal during his remarks.
Instead, he addressed the broader danger of Congress using its constitutional authority over federal spending to pressure judges or punish courts for controversial decisions.
Congress controls appropriations for the federal judiciary, while Article III of the Constitution establishes the judicial branch as independent from Congress and the executive branch.
Alito argued that maintaining that independence is fundamental to the American system of government.
“If courts are not independent, then they cannot perform the function that the Constitution assigns to them,” he said.
The comments come amid years of political battles surrounding the Supreme Court and its 6-3 conservative majority.
Democrats have proposed several changes to the court, including stronger ethics requirements, term limits for justices and, among some lawmakers, expanding the number of seats.
Republicans have generally opposed those proposals, arguing that restructuring the court in response to its decisions would politicize the judiciary.
Alito, who was nominated by President George W. Bush in 2005 and confirmed in 2006, has become one of the court’s most prominent conservative members.
The Supreme Court’s ideological balance shifted significantly during Trump’s first term following his appointments of Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
Since then, the court has issued consequential rulings involving abortion, gun rights, affirmative action, presidential power and the authority of federal agencies.
Those decisions have intensified criticism of the court from Democratic lawmakers and progressive organizations while earning praise from conservatives.
Alito also addressed increasing political attacks against judges and the tendency to describe federal jurists primarily according to which president appointed them.
He argued that judges should not be viewed simply as political representatives of Republican or Democratic administrations.
Security surrounding Supreme Court justices has also become a major concern.
Kavanaugh was targeted in a 2022 assassination plot when an armed man traveled to the justice’s Maryland neighborhood before contacting authorities.
Alito and other conservative justices have also faced demonstrations outside their homes following controversial Supreme Court decisions.
Congress ultimately approved additional security protections for justices and their families.
Alito’s Thursday appearance came before the Federalist Society, the influential conservative legal organization that has played a major role in debates over the federal judiciary and Republican judicial appointments.
His remarks focused heavily on preserving a judiciary capable of making unpopular decisions without political or financial intimidation.
That principle could receive renewed attention next year as Democrats assume control of the House while Republicans retain the Senate.
Alito’s message was straightforward: lawmakers are free to criticize Supreme Court decisions, but using federal funding to pressure the judiciary risks undermining the independence the Constitution was designed to protect.
