November 13, 2026
With the dust having settled on the 2026 Midterms, we can see the clear message sent by the American public. As the democrats have gained large majorities in both the House and Senate, it is time to put an end to the Supreme Court’s rogue status as a third legislative body.
This was highlighted by Justice Samuel Alito in his speech at the Federalist Society’s Antonin Scalia Memorial Dinner. He admitted that Congress are able to ‘turn off the lights’ at the Supreme Court by stopping funding to the court. While this was probably intended as a warning to Congress about the perils of “overreach,” for a nation weary of losing its fundamental rights and the executive branch wielding nearly monarchical powers, it should be viewed as a call to action.
The democrats need to put a leash on the Court.
The Crisis Of Legitimacy
Over the past few years, the Conservative Supermajority have completely ignored stare decisis and what the public want. From repealing Roe v. Wade, to stripping the Federal Government of their regulatory powers and shockingly expanding presidential immunity, the Court have become a partisan body.
Justice Alito acknowledges that the Court lacks absolute power, yet he seems unaware of this. While warning Congress about the dangers of wielding its ‘power of the purse,’ he criticizes lower courts for abusing theirs. This is particularly ironic coming from a Justice who was instrumental in the most radical judicial activism in centuries.
The American people did not vote for a judicial monarchy in 2026.
Putting On The Leash
The leash is not an attack on judicial independence, it is simply using the checks and balances within our constitution. The founders did not intend for the 9 unelected members of our judiciary to have the final say on everything without any oversight. With this huge win, the democrats should do three things.
Ethics Reform
The Court have shown that they are unable to regulate themselves. With secret luxury gifts and political issues involving their spouses, the honor system isn’t working. Congress must use their power to create binding ethics for the Supreme Court. This will hold them to the same standards as all other judges in the country.
Budget Oversight
While Alito likened turning off the lights to a dire situation, this is a standard practice. We wouldn’t recommend shutting down the court, but Congress has the power to hold the Supreme Court accountable. Moreover, Jurisdiction Stripping is a constitutional power. This means limiting the cases the Court can hear.
Term Limits
With the 2026 mandate, the democrats have the political power to discuss structural changes. With life long appointments, the Court have become a political target. By introducing 18 year term limits, we can ensure that the Court turn over with the generations.
Why Now?
The 2026 elections were a vote on the Imperial Judiciary. For years, the Court have assumed that the American public would not care and just accept decades of progress being rolled back. However, Alito’s apparent defensiveness at the Federalist Society shows that the Conservative side know that the tides have turned.
He is correct in saying that congress have the power, but for the first time in a generation, they also have the mandate. If the Democrats don’t use this opportunity to put a leash on the Court, they will be responsible for the next wave of judicial activism.
We shouldn’t turn off the lights, but we should certainly dim them while they remember their purpose: to serve the Constitution and the people. Restraining the Court is a democratic imperative.
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