Justice Alito's political case for SCOTUS transcendence of politics


Supreme Court Justice Samuel Alito stepped forward Thursday to defend the institution from its growing legion of detractors. In a speech at the University of Notre Dame, he pushed back on criticism of the court's "shadow docket" handling of high-profile cases, like its recent decision to let Texas' anti-abortion law take effect.
"The catchy and sinister term 'shadow docket' has been used to portray the court as having been captured by a dangerous cabal that resorts to sneaky and improper methods to get its ways," Alito said, taking particular aim at a recent Atlantic article he called "false and inflammatory." "That portrayal feeds unprecedented efforts to intimidate the court or damage it as an independent institution."
Alito is just the latest conservative justice to speak of the court this way. His colleagues Clarence Thomas and Amy Coney Barrett gave high-profile speeches denouncing progressive calls for reforms like court-packing and ending judicial review by denying SCOTUS is politicized. "I think we should be careful destroying our institutions because they don't give us what we want when we want it," Thomas said.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
There's an irony here. It's clear the conservative justices want to be seen as above politics. The court isn't "a bunch of partisan hacks," Barrett said. But to make their case, the justices have stepped away from the bench and into the public square, defending the status quo against impertinent, often partisan critics. That is an inherently political act.
In past eras, the court has benefited from a veil of mystery. We don't often see (and only relatively recently have been able to hear) the justices at work: There are no cameras in the courtroom; deliberations take place behind closed doors; and printed opinions are usually handed down with little or no comment, as if from on high.
These political defenses let the veil slip. "If Alito is concerned about public perceptions of the Supreme Court," MSNBC's Steve Benen observes, "perhaps he should stop delivering speeches like these that adversely affect public perceptions of the Supreme Court." If justices want to be aloof from politics, they should stay aloof from politics.
Or perhaps that distance can't be reclaimed. In December, SCOTUS will hear a Mississippi case that could potentially overturn Roe v. Wade. The reaction will be very, very political — and the court's future likely will be shaped less by defensive speeches than by how it steers the law in cases like this.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Joel Mathis is a writer with 30 years of newspaper and online journalism experience. His work also regularly appears in National Geographic and The Kansas City Star. His awards include best online commentary at the Online News Association and (twice) at the City and Regional Magazine Association.
-
Critics’ choice: Restaurants worthy of their buzz
feature A fun bistro, a reservation worth the wait, and a modern twist on Mexican dishes
By The Week US Published
-
Film reviews: Snow White, Death of a Unicorn, and The Alto Knights
Feature A makeover for Disney’s first animated feature, greedy humans earn nature’s wrath, and a feud between crime bosses rattles the mob
By The Week US Published
-
Bombs or talks: What’s next in the US-Iran showdown?
Talking Points US gives Tehran a two-month deadline to deal
By Joel Mathis, The Week US Published
-
Bombs or talks: What's next in the US-Iran showdown?
Talking Points US gives Tehran a two-month deadline to deal
By Joel Mathis, The Week US Published
-
The JFK files: the truth at last?
In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
By The Week Staff Published
-
Supreme Court upholds 'ghost gun' restrictions
Speed Read Ghost guns can be regulated like other firearms
By Rafi Schwartz, The Week US Published
-
MAGA's push to impeach federal judges
In the Spotlight Trump launches a 'stunning assault' on judicial branch
By Joel Mathis, The Week US Published
-
SCOTUS: A glimmer of independence?
Feature The Supreme Court rejects Trump’s request to freeze nearly $2 billion in foreign aid payments
By The Week US Published
-
Why is MAGA turning on Amy Coney Barrett?
Today's Big Question She may be the swing vote on Trump cases
By Joel Mathis, The Week US Published
-
Supreme Court rules against Trump on aid freeze
Speed Read The court rejected the president's request to freeze nearly $2 billion in payments for foreign humanitarian work
By Rafi Schwartz, The Week US Published
-
Are we really getting a government shutdown this time?
Talking Points Democrats rebel against budget cuts by Trump, Musk
By Joel Mathis, The Week US Published