Supreme Court Justice Samuel Alito has informed lawmakers that he will not recuse himself from cases related to the 2020 presidential election or the January 6, 2021, Capitol riot, despite recent controversies surrounding flags flown on his properties.
In a letter distributed by the Supreme Court, Alito stated, “The two incidents you cite do not meet the conditions for recusal.” He reiterated previous claims that he was not involved in the decision to fly an upside-down US flag at his Alexandria, Virginia, home, attributing it to a dispute in the neighborhood. Alito emphasized that his wife, a private citizen, exercised her First Amendment rights in making that decision.
Regarding a second flag controversy involving an “Appeal to Heaven” flag flown at the Alitos’ vacation home in New Jersey, Alito maintained that he was not familiar with its meaning and was unaware of its connection to any specific group or movement. He emphasized that his wife was responsible for hoisting that flag as well.
Alito cited the Supreme Court’s recently adopted code of conduct, stating that the flags did not warrant recusal. He stated that he was “duty bound” to reject requests for recusal from members of Congress, including Sen. Dick Durbin, who had raised concerns about bias and fairness in cases involving the Capitol attack.
In response to Alito’s letter, Durbin stated that his committee had been reviewing recent reporting on ethical issues within the Supreme Court. He characterized the flying of the upside-down flag as a “signal of defiance” that raised questions about bias. Durbin called for accountability, transparency, and an enforceable code of conduct for Supreme Court justices.
Sen. Sheldon Whitehouse, chair of a Senate Judiciary subcommittee, used the controversy to advocate for the passage of his Supreme Court Ethics, Recusal, and Transparency Act, which aims to address issues of disclosure and ethics within the Court.
The exchange underscores the ongoing scrutiny surrounding judicial ethics and transparency within the nation’s highest court.