Why Did Samuel Alito Warn Congress Could Shut Down the Supreme Court?

US Supreme Court Justice Samuel Alito warned that Congress could effectively stop the Supreme Court from operating by cutting off its funding, raising concerns about the independence of the judiciary.

Alito made the remarks on Thursday, November 12, 2026, during the Federalist Society's annual Antonin Scalia Memorial Dinner in Washington, where he discussed the Supreme Court's vulnerability to pressure from the legislative and executive branches.

"Congress can turn off the lights at the Supreme Court and stop everything from happening if they want to defund their activities," Alito said, according to reporting by The Hill.

Why did Samuel Alito warn Congress about Supreme Court funding?

Alito's warning focused on Congress's control over federal spending and the potential consequences of using that power against the judiciary.

He argued that the Supreme Court depends on resources approved through the political branches to carry out its work. If Congress withdrew the funding needed for its operations, the Court could face serious disruption.

The justice said preserving judicial independence was essential to maintaining the constitutional system established in 1789.

He also described the judiciary as the least powerful branch of government because it is vulnerable to decisions made by Congress and the executive.

Can Congress defund the US Supreme Court?

Congress has constitutional authority over federal appropriations, meaning it determines how public money is allocated to government institutions, including the Supreme Court.

That authority gives lawmakers influence over the Court's operating budget and the resources needed to support its work.

However, Congress's control over funding does not mean it can simply abolish the Supreme Court. The Constitution establishes the Supreme Court, while Article III protects the compensation of sitting federal judges from being reduced during their time in office.

A funding restriction could affect the Court's operations, but its precise legal and practical consequences would depend on the measure adopted.

What else did Alito say about judicial independence?

During the discussion, Alito also criticised some lower-court judges for issuing what he described as unjustified orders blocking presidential policies.

He acknowledged that judges are dedicated and skilled but said they are not perfect and can make mistakes.

His comments addressed two related issues: the need to protect courts from political pressure and the importance of ensuring judges do not misuse their authority.

Did Alito say Congress was shutting down the Supreme Court?

No. Alito was warning about what Congress could potentially do with its control over government funding.

His remarks were not an announcement that Congress had approved a funding cutoff or that the Supreme Court was about to close.

Although the comments came shortly after Democrats secured control of both chambers of Congress in the November 2026 midterm elections, Alito did not directly mention the election results in his remarks.

Why is Samuel Alito's warning important?

The warning highlights the tension between congressional control over public spending and the constitutional independence of the judiciary.

The Supreme Court must be able to decide legal disputes without being threatened with financial punishment for its decisions.

Alito's argument is that using funding restrictions to pressure the Court could weaken that independence and affect the balance of power among the three branches of the US government.

Originally published at Flames Nova