“Congress can turn off the lights at the Supreme Court and stop everything from happening if they want to defund their activities,” Alito told the Federalist Society, according to The Hill. “And there are many, many, many other things that they can do, or at least try to do.”The “independence” of the judiciary is not a Constitutional absolute. I’m not even sure it’s a Constitutional concept, going by the plain text of Article III (nor the impeachment clause which requires the Chief Justice to preside over the Senate trials).
“So, it is important to preserve the independence of the judiciary,” Alito added. “If that is eliminated, then the Constitution as adopted in 1789 will no longer be the same.”
An independent judiciary is a good thing. A free swinging Supreme Court that sets itself above the entire Constitution and rules as its ideology dictates, is another thing. And yes, I realize that could indict the Warren Court, but I don’t believe it does. Brown v Board may be more honored in the breach than in the keeping, but it was still a crucial pivot toward racial justice. (Not to mention Loving v. Virginia, which NOBODY complains about.) What virtues flow from Shelby County, or Hobby Lobby? Dobbs? Trump v U.S.?
An independent judiciary rests on its awareness that it is a creation of Congress, and Article III only establishes its necessity. Humility, in other words, is a greater power and authority than arrogance.
Funny how often that’s true.
It wouldn’t be too much to add “Reminding the Supreme Court of its place” to that list.With our new majority, we must: ✅ Deliver bold cost relief ✅ Get big money out of politics ✅ Ban gerrymandering ✅ Pass universal healthcare ✅ Invest in education ✅ Create a pathway to citizenship ✅ Build millions of homes ✅ Regulate AI & data centers ✅ End forever wars https://t.co/8W35E2ikl3
— James Talarico (@jamestalarico) November 13, 2026
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