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Supreme Court Justice Samuel Alito Jr. on Thursday warned that Congress could defund the high court, hamstringing its ability to carry out its operations, The Hill reported.
“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, or at least try to do,” Alito said during remarks at the Federalist Society’s Antonin Scalia Memorial Dinner, the outlet reported.
“So, it is important to preserve the independence of the judiciary,” he reportedly said. “If that is eliminated, then the Constitution as adopted in 1789 will no longer be the same.”
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Supreme Court Justice Samuel Alito Jr., prior to an interview at the U.S. Supreme Court in Washington, D.C., on Wednesday, Sept. 30, 2026. (Al Drago/Bloomberg via Getty Images)
While Congress could target the Supreme Court’s funding, the U.S. Constitution explicitly protects the pay of high court justices.
“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office,” Article III, Section 1 of the Constitution reads.
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The U.S. Supreme Court is seen at sunset on Nov. 6, 2026 in Washington, D.C. (Kevin Carter/Getty Images)
Alito indicated that lower-level judges have at times handed down “unjustified” orders obstructing the policies of presidents during recent years, The Hill reported.
“They are dedicated, and they are skillful, but they’re not perfect, and they make mistakes,” he said, according to the report. “And in some instances, I think they have gone far astray in abuse of their powers.”
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Alito, who has served on the Supreme Court since early 2006, was nominated by Republican President George W. Bush.