Samuel Alito, Associate Justice, sits in a group photo with Justices at Washington's Supreme Court on April 23, 2021. Erin Schaff-Pool/Getty Images
Justice Samuel Alito defends the Supreme Court from recent criticisms.
Alito stated that politicians and members of the media have attempted to portray the court's work in a negative light.
He said, "This portrayal feeds unprecedented attempts to intimidate the court."
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Justice Samuel Alito defended the Supreme Court Thursday against backlash following its earlier month decision to keep a Texas law banning abortion after six weeks.
Alito was one of the majority of justices that refused to block an emergency request to stop the Texas statute on September 2. This Texas statute is widely considered to have the most restrictive abortion laws in the country. It was a narrow 5-4 vote that was made on the emergency docket, without any oral arguments or briefing. This process is sometimes called the "shadow docket" by experts.
Alito criticised the term "shadow docket" and stated that politicians and members of the media have used it to paint Supreme Court procedures as "sinister and dangerous", and "sneaky".
The associate justice stated that there was nothing new or obscure about the procedures they followed.
He said that this portrayal "feeds unprecedented efforts to intimidate or damage the court as an independent institution."
-Mark Joseph Stern (@mjs_DC September 30, 2021
Alito's comments come just days after the Senate Judiciary Committee held an inquiry to review the court's use the "shadow docket", and the Texas abortion decision. Republicans defended the court's conduct while Democrats attacked it.
Democratic leaders and pro-abortion groups have criticized the Texas court's decision. They claim it violates the 1973 landmark Roe v. Wade ruling, which guarantees the constitutional right of an abortion up to 24 weeks after conception.
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Alito dismissed such criticisms during his hour-long lecture Thursday as "false, inflammatory."
He said, "We didn't do such a thing and we stated that explicitly in our order."
The majority of the court's decision ruled that the Texas decision was not based on its substance. This could be challenged legally. In December, the court will hear a major abortion case involving a Mississippi law banning abortion after 15 weeks.
Alito's remarks echo comments made by Amy Coney Barrett and Clarence Thomas who all defend the court from negative perceptions. Multiple polls show that the court has low approval ratings.
Alito responded to criticisms that the court acts like a policy-making body in a question and answer section at the end of his remarks by saying that justices have different "judicial philosophys" and that they don't make decisions based upon "what we personally would prefer."
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