Archive · 6 Oct 2026
Alito Says Supreme Court Cannot Stem Emergency Appeals
The Supreme Court is receiving many more requests to make quick decisions.
Justice Samuel Alito said this is not a good thing, but the court must rule on the applications it receives.
He said presidents' use of executive orders can lead to lawsuits that quickly reach the court.
Some people have criticized how the court handles these urgent cases.
Alito also said harsh comments about the court can hurt people's trust in it.
He said he tries to decide each case based on its facts, not on which president is in office.
Alito also explained why he chose not to take part in a climate-change case.
He said that decision required careful judgment.
Justice Samuel Alito said the surge in emergency appeals is undesirable but difficult for the Supreme Court to curb.
He linked the increase to presidents relying more on executive orders, which prompt lawsuits and rapid appeals.
Alito criticized harsh rhetoric from Trump and administration officials about the court, saying it may weaken public trust.
He rejected characterizing his rulings as aligned with the MAGA movement and said he decides cases on their merits.
Alito said stepping aside from a climate-change case involving oil and gas companies was a judgment call.
- Who
- Supreme Court Justice Samuel Alito
- What
- Alito discussed rising emergency appeals, political rhetoric about the court, and his recusal from a climate-change case.
- When
- In an Associated Press interview connected to the release of his book on Tuesday; the article does not specify a date.
- Where
- The interview was reported from Washington.
- Why
- Alito said increased use of executive orders leads to lawsuits and rapid appeals, and that the court must rule on applications it receives.
Critics and Alito
Alito's response
Handling emergency appeals
Critics and Alito
Critics, including Justice Ketanji Brown Jackson, have criticized the court's recent handling of the emergency docket and proposed steps the justices could take.
Alito's response
Alito said the court has limited ability to reduce the applications it receives and must rule on them; he connected the rise to executive orders and lawsuits.
Political rhetoric about the court
Critics and Alito
Trump and members of his administration have used harsh language about the Supreme Court, its decisions, and individual justices.
Alito's response
Alito said criticism is a right, but that the rhetoric is troubling and contributes to declining public trust in the court.
Alito's judicial alignment
Critics and Alito
Some characterize Alito's opinions as belonging to the MAGA camp.
Alito's response
Alito called that characterization offensive and said he decides each case on its merits regardless of who is president.
- Justice
- Samuel Alito
- Book
- So Ordered: An Originalist's View of The Constitution, The Court and Our Country
- Book release
- Tuesday; no calendar date specified
- Emergency appeals
- Alito said their number now rivals the court's annual tally of fully briefed cases with oral arguments.
- Climate case
- Alito said he recused himself after considering the case, despite initially believing he could hear it under the court's ethics code.
- Stock interest
- Alito said his wife inherited oil-company stock from her father and does not want to sell it.