Alito warns Congress could effectively shut down Supreme Court by cutting its funding

Alito said preserving the independence of the judiciary was essential to maintaining the country’s constitutional system.

Published: November 14, 2026 6:13pm

Supreme Court Justice Samuel Alito warned that Congress has the power to cripple the nation’s highest court by cutting off its funding, arguing that such a move could threaten the independence of the judicial branch.

“Congress can turn off the lights at the Supreme Court and stop everything from happening if they want to defund their activities,” Alito said Thursday during remarks at the Federalist Society’s annual Antonin Scalia Memorial Dinner in Washington, according to The Hill.

“And there are many, many, many other things that they can do, or at least try to do,” he added.

Alito said preserving the independence of the judiciary was essential to maintaining the country’s constitutional system.

“If that is eliminated, then the Constitution as adopted in 1789 will no longer be the same,” he said.


 

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