Fastrack · Alito Warns Congress Could Defund Supreme Court

Justice Samuel Alito said Thursday that Congress has the power to halt the Supreme Court by defunding it. He spoke to the Federalist Society's annual Scalia dinner.

1789 Constitution would change if judicial independence ends, Alito said.
Alito called the judiciary the weakest branch, vulnerable to Congress and the president.
Alito said some lower-court judges went far astray blocking presidential policies.
1,000-plus conservative lawyers attended the dinner.

Why it matters: Democrats won control of Congress a week before the speech. Alito did not reference that shift directly.

Democrats have floated court expansion, term limits and stricter ethics rules.
$10 million in court funding was targeted by Democratic senators in 2023.
Article III bars cutting justices' pay, but Congress funds staff and operations.

How 20 sources split on this story

Source landscape

Factuality

High

Mixed

Low

Strong LeftLeftLean LeftCenterLean RightRightStrong Right

Political Bias

Coverage by lean% of 20 sources

20 sources · 21 articles · 50% Right coverage

Where they split: Outlets differ on whether the speech was a warning aimed at incoming Democrats or an acknowledgment of Congress's constitutional power.

Center4 sources

PennLive54mSamuel Alito warns Congress could ‘turn off the lights’ at Supreme Court The Hill21hAlito warns Congress can ‘turn off the lights’ at Supreme Court The National Desk4hJustice Alito warns against congressional action to defund the US Supreme Court WFLA News Channel 87hAlito warns Congress can ‘turn off the lights’ at Supreme Court

Left coverage, 6 sources: The left frames the speech as Alito conceding that Congress holds real power over the court.

Raw Story12h‘Turn off the lights’: Alito admits Congress can effectively shut down the Supreme Court AlterNet6hSupreme Court’s Alito slams judges who dared defy Trump Cleveland.com54mSamuel Alito warns Congress could ‘turn off the lights’ at Supreme Court NBC News6hAlito says Supreme Court is caught between the president and a Congress that can ‘turn off the lights’Political Wire11hAlito Warns Congress Could ‘Turn Off the Lights’The New Republic7hAlito Goes After Lower Court Judges Who Dare to Rule Against Trump

Right coverage, 10 sources: The right frames the speech as a warning that a Democratic Congress could threaten the court's independence.

New York Post10hAlito warns Democrats could ‘turn off the lights’ at the Supreme Court by cutting its funding OutKick10hAlito warns against congressional Supreme Court meddling, says some lower court judges 'have gone far astray'The Federalist7hAfter Midterms, Alito Warns Of Threats To Judicial 'Independence'Breitbart News9hReport -- Justice Alito: 'Congress Can Turn Off the Lights' at SCOTUS NTD3hAlito Warns Congress Has Power to ‘Turn Off the Lights’ at Supreme Court, Defund Activities RedState14hLights Out at SCOTUS? Alito Sounds the Alarm Over Congress' Power of the Purse The Daily Signal8hAlito Warns Congress Can ‘Turn Off the Lights’ at Supreme Court The Epoch Times1dAlito Warns Congress Has Power to ‘Turn Off the Lights’ at Supreme Court, Defund Activities The Western Journal5hJustice Samuel Alito Warns Congressional Democrats Have the Ability to 'Turn Off the Lights' for the Supreme Court Washington Examiner7hAlito calls judiciary the ‘least dangerous’ branch of government

What’s next: Justices have pressed lawmakers for more security money as threats against judges rise. Kagan and Barrett visited Capitol Hill over the summer.

Will the new Democratic majority use appropriations as leverage over the court?
Which lower-court orders did Alito consider an abuse of power?