Topline
Supreme Court Justice Samuel Alito told CBS News that President Donald Trump’s recent attacks on the court are “harsh” and decried “damaging” efforts to politicize the court’s decisions—though he also attacked President Joe Biden—as Trump has increasingly lashed out against the 6-3 conservative court for ruling against him in several high-profile cases.
President Donald Trump greets Supreme Court Justice Samuel Alito in the Oval Office at the White House on July 23, 2019.
The Washington Post via Getty Images
Key Facts
Alito was asked about criticism of the Supreme Court as it’s issued a number of politically controversial decisions in recent years, angering the left with decisions on issues like abortion and LGBTQ rights while also ruling against Trump administration policies like tariffs and restricting birthright citizenship.
When asked whether the court is “damaged” by attacks from political leaders on both sides of the aisle that paint the court’s justices as “political actors,” Alito agreed, saying partisan attacks on the court can be “quite damaging” to the Supreme Court as an institution.
Alito alleged there’s been a “great change” in how presidents respond to Supreme Court rulings in recent years, as leaders have attacked the court for its decisions rather than expressing disappointment while still showing respect for the outcome.
His comments come as Trump has frequently lashed out against the Supreme Court in recent months for issuing rulings he doesn’t like, decrying the court as a “shell of its former self” while claiming conservative-leaning justices are caving to Democrats and suggesting justices he appointed should be more “loyal” to him.
When asked about Trump’s attacks, Alito declined to single the GOP president out, claiming President Joe Biden had also levied “harsh” criticism against the court and describing Trump as just having “his way of saying things.”
Alito did wrap Trump into his criticism, however, telling CBS that Biden “was very harsh, and President Trump has been very harsh.”
Crucial Quote
“We are not part of any political movement, and we are not attempting to further any political agenda,” Alito argued to CBS about the Supreme Court, saying the justices are “trying to interpret the Constitution as best we can and apply it in cases that come before us.”
What to Watch for
The Supreme Court’s new term will begin next week, which include a number of cases concerning Trump administration policies. Among the cases justices are set to decide are disputes over Trump’s immigration policies on mandatory detention and third-country deportations, as well as issues championed by Republicans like the legality of the federal ban on assault weapons and proof-of-citizenship requirements for voting. The court’s first oral arguments of the new term will be in a major climate change case, as the court decides whether parties can sue fossil fuel companies in state court for their alleged role in the impacts of climate change. Alito will not participate in that case, as the justice unexpectedly recused himself Monday amid pressure from advocacy groups to step down from the case due to his fossil fuel investments.
What Have Biden And Trump Said About The Supreme Court?
Biden was harshly critical of the Supreme Court during his presidency as the conservative-leaning court issued controversial rulings—notably overturning Roe v. Wade—and labeled the court as “extreme” when Biden came out in favor of the Supreme Court imposing term limits for justices. The Democrat also denounced the court’s decision to give Trump greater immunity from criminal charges, saying justices had “undermined the rule of law.” Trump has gone much further in his attacks on the court, however, repeatedly lashing out against specific justices on Truth Social after it ruled against him on tariffs, birthright citizenship, and, most recently, new U.S. Postal Service policies on mail-in voting. “This Supreme Court is bullied and cajoled by the Radical Left into making decisions that have set America back at least a hundred years,” Trump wrote on Truth Social in September, claiming the three justices he appointed to the court were “not the people I interviewed” and are “totally unable to show the courage necessary to save our America.” The president has not attacked Alito, however, who—along with right-leaning Justice Clarence Thomas—has typically ruled in favor of Trump’s policies.
Contra
While Trump has attacked the Supreme Court for ruling against him in major cases, the 6-3 conservative court has also often sided with the president in his second term. According to a tracker maintained by the Brennan Center for Justice, out of 32 cases that the court has ruled on without hearing oral arguments—known as the court’s “shadow docket”—justices have sided with Trump 24 times and ruled against the administration only eight times.
Further Reading
Samuel Alito Recuses From Major Supreme Court Case After Fossil Fuel Investments Come Under Fire (Forbes)
Trump Rips Supreme Court For Blocking USPS Ballot Rule: ‘These Are Not The People I Interviewed’ (Forbes)
Justice Warns Against ‘Dangerous’ Attacks On Supreme Court—After Trump Slammed Justices (Forbes)
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