Supreme Court Justice Samuel Alito, known for his extreme conservative views, has faced a notable setback this term as his influence wanes within the Court. Alito’s aggressive judicial tactics, particularly regarding social media regulations, have not only failed to secure his objectives but also led to unexpected defeats.
Alito’s push to support state laws restricting how social media platforms manage content was intended to challenge the dominant role of tech giants in moderating online speech. However, his efforts were thwarted when Justices Amy Coney Barrett broke away from the conservative bloc, contributing to a decisive 6-3 ruling led by Justice Elena Kagan. This ruling reinforced First Amendment protections for social media companies, directly countering Alito’s stance.
The Justice’s struggle was highlighted by his loss of majority support in two significant cases. Sources indicate that Alito’s draft opinions on these matters, including a case involving Texas’ content moderation law and a separate dispute over alleged retaliatory arrest, failed to maintain the backing of his colleagues. Barrett shifted her support towards Kagan’s broader interpretation of First Amendment rights, leaving Alito isolated in his conservative views.
Alito’s term was further complicated by ethical controversies. Recent reports revealed that an upside-down American flag was displayed outside his home in January 2021, an act linked to Trump’s false claims of election fraud. This incident, along with calls for Alito’s recusal in Trump-related cases, has intensified scrutiny on his judicial conduct. Alito has defended the flag display as a personal response to a neighbor’s confrontation.
This term also marked Alito’s diminished role in delivering majority opinions, with him authoring the fewest leading opinions of any justice. His frustration was evident, reflecting a broader trend of diminished influence within the Court’s evolving dynamics.
The setbacks are compounded by Alito’s apparent weariness and occasional absences from the bench. As the second oldest current justice, at 74, speculation about his potential retirement has surfaced, particularly if a Republican administration offers a favorable successor.
The outcomes of this term signal not only a personal setback for Alito but also a broader reconfiguration of judicial influence within the nation’s highest court as President Joe Biden pushes for a sweeping Supreme Court reform.
