Supreme Court Justice Samuel Alito used rare public remarks Thursday to address issues ranging from artificial intelligence in the courts to the growing use of the so-called “emergency docket,” while reaffirming his view that the judiciary remains the least dangerous branch of government.
Speaking with Mollie Hemingway at the Scalia Memorial Dinner, Alito discussed what he considers the Supreme Court’s most significant challenges. He addressed both broader institutional concerns and the increasing number of cases reaching the justices through emergency appeals.
Asked about the “shadow docket,” the process through which presidents seek emergency action from the Supreme Court, Alito said the rise in such cases was driven by two main factors.
“The first is that presidents have become very frustrated with their inability to get Congress to enact their wider legislative agendas, and so they have looked for ways to do as much as they can unilaterally, with their own powers,” he said.
The second factor, Alito said, was the growing number of lawsuits filed by both political parties in district courts across the country.
There are now 680 district judges in the United States, he noted. “They are dedicated and they are skillful, but they are not perfect,” he said. “They make mistakes. And in some instances, I think they have gone too far,” including by tinkering with rules in recent years.
Earlier in the evening, Alito compared the three branches of government to a “hand grenade,” a 500-pound bomb and a nuclear weapon to illustrate his argument that the federal judiciary is the least dangerous branch, though it is not without risks.
The hand grenade, Alito said, “is the least dangerous, but that’s not to say it’s not dangerous.”
Justice Samuel Alito said he believes the Supreme Court’s first challenge stems from “very frustrated” presidents who cannot persuade Congress to enact their broader legislative agendas.
Alito compared the three branches of government to a “hand grenade,” a 500-pound bomb and a nuclear weapon to argue that the federal judiciary is the least dangerous branch.
The remarks came as Alito, 76, sought to dispel speculation that he may retire before the end of the term, saying he believes he can “still make a contribution.”
The federal judiciary, he said, “is the least dangerous branch,” while emphasizing that “it cannot be dangerous when it moves astray.”
Alito also reflected on the evolution of public discourse by drawing on his lifelong support for the Philadelphia Phillies.
“For a time,” he recalled, baseball “really was our national pastime,” giving people from all walks of life something they could discuss, debate and disagree about amicably.
That has changed, Alito said, partly because Americans now follow a broader range of sports. He described that development as positive, but suggested it has also weakened a shared sense of unity and made it harder for people “to disagree well.”
The public comments came as Alito, 76, has worked to counter rumors that he is considering retirement.
Alito, who was appointed by President George W. Bush, has used several recent interviews connected to the release of his book to reiterate that he has no plans to leave the court before the end of the term.
“Retirement is something I think that somebody at my age has to think about every term,” he told CBS News’ Jan Crawford earlier this year.
Some observers had speculated that Alito’s retirement could give Trump an opportunity to nominate another Supreme Court justice. Alito has previously rejected that suggestion, saying politics was “not a factor” in his decision-making.
Instead, Alito said, “I think I can still make a contribution. And it’s hard to give up the opportunity to do something that I think will be good for the Constitution and good for the country as long as I’m able to do it.”