Supreme Court Justice Samuel Alito stated in an interview released Tuesday that he is concerned by the increase in emergency appeals and the nature of public criticism directed at the court. Speaking with The Associated Press and CBS News, Alito noted that the volume of petitions for immediate intervention has reached a level comparable to the number of cases the court accepts for full review each year. The justice’s comments accompanied the release of his first book, "So Ordered: An Originalist's View of The Constitution, The Court and Our Country."
The rise in emergency applications coincides with the second administration of President Donald Trump. Recent emergency requests have addressed matters including the construction of a ballroom at a presidential property and proposed restrictions on mail-in ballots for the upcoming midterm elections. While Justice Ketanji Brown Jackson and other critics have suggested procedural changes to manage these filings, Alito said the court has limited ability to stem the tide. He attributed the surge to the increasing use of executive orders by presidents, which results in lower-court rulings that are then quickly appealed to the Supreme Court.
Justice Alito also commented on rhetoric used by political figures to describe the judiciary. He said that while the public has a right to criticize the substance of court decisions, the language used by high-ranking officials and presidents has changed significantly over the last 15 years. Alito described these characterizations as "quite damaging" to the institution. He specifically rejected labels that categorize his judicial work as part of a political movement, calling the suggestion that his opinions are aligned with a specific political camp "offensive."
Alito addressed his recent decision to recuse himself from a climate change case involving the city and county of Boulder against oil companies Suncor and Exxon. He explained that his wife inherited oil and gas stocks from her father, which she did not wish to sell. Although the court’s legal office initially advised that he could participate because he did not own stock in the specific companies involved, Alito said he ultimately decided to step aside after further reviewing the case. He described the choice as a "judgment call" made after serious consideration.
The scale of this shift is reflected in Justice Alito’s observation that emergency applications now rival the roughly 60 to 70 cases the court typically hears for full oral argument each year. This change in workflow means that major legal precedents are increasingly set through brief orders rather than the extensive written opinions that have historically guided lower courts and legal rights. The shift affects Medicaid enrollees, students, and small-business owners whose legal protections may be paused or reinstated with little advance notice or detailed explanation from the justices.
The rhetoric mentioned by Justice Alito coincides with a reported decline in public trust in the judiciary. When high-ranking officials characterize justices as political actors, it can influence how the public views the legitimacy of rulings on taxes, healthcare, and civil rights. The court began its new term on Monday, October 5, 2026. Decisions on pending emergency applications regarding mail-in ballots and climate change liability are expected throughout the current term, which typically concludes in late June.