Justice Alito says Trump and Biden attacks are damaging Supreme Court

What happened

Supreme Court Justice Samuel Alito has warned that public attacks on the judiciary from both Donald Trump and Joe Biden are "damaging" the institution, while firmly rejecting Trump's attempts to align the court with his political movement.

In a rare and wide-ranging interview with CBS News, the 76-year-old conservative justice also confirmed he is considering retirement and spoke of the personal cost of authoring the decision that ended federal abortion rights.

Alito, a George W. Bush appointee, was pressed on the shifting tone of presidential rhetoric. Historically, he said, unhappy presidents would simply state that they disagreed with a ruling but would abide by it.

"That has changed," Alito said, describing the modern political climate as one where leaders treat justices "as though they are nothing more than political actors trying to deliver victory to their team."

How Alito responded to Trump and Biden

When asked specifically whether Trump was responsible for this shift, Alito hesitated. He termed the phenomenon a "bipartisan effort" before pointing directly to the current administration.

"The criticism of the court by President Biden — and justices — by President Biden and his administration, was very harsh," Alito said. He then added, after a brief pause: "And President Trump has been very harsh."

While Alito sought to distribute the blame equally, Trump’s attacks on the judiciary have been uniquely personal. The former president has repeatedly lashed out on social media when rulings have gone against him.

After the court struck down his tariffs, Trump turned on his own appointees, calling Neil Gorsuch and Amy Coney Barrett "lap dogs" and a "disgrace to our nation." By contrast, he praised Brett Kavanaugh, who voted in his favour, as a "genius." Later, when the court rejected his executive order on birthright citizenship, Trump declared the decision "insane".

Interviewer Jan Crawford asked Alito if it bothered him to see Trump refer to conservative justices as part of his "Make America Great Again" movement.

"We are not part of any political movement," Alito said, "and we are not attempting to further any political agenda. We are trying to interpret the Constitution as best we can."

What happens next

The interview also touched on the deep social divisions that followed the decision to overturn Roe v. Wade. Alito, who wrote the majority opinion, acknowledged that his leading role in ending the constitutional right to abortion had cost him long-standing friendships.

With Alito now confirming that he is contemplating stepping down, his future will be closely watched. Any retirement would give the sitting president a chance to appoint a successor, triggering another fierce confirmation battle in the Senate.