On May 30, an update was made to include Chief Justice John Roberts’s statement regarding the flag controversy surrounding Justice Samuel Alito. Two weeks after the New York Times reported an upside-down American flag, popular among the Stop the Steal movement, flying outside Justice Alito’s Virginia home following the Jan. 6, 2021, U.S. Capitol attacks, Alito dismissed requests from Democratic lawmakers to recuse himself from cases concerning immunity for former President Donald Trump related to the Jan. 6 attacks and the application of federal criminal law to Trump and other defendants.
Alito stated that both the upside-down flag at his Virginia home and the flag flown at his New Jersey beach home, associated with the Stop the Steal movement and Christian nationalism, were flown by his wife without his involvement. He claimed that a reasonable person, unbiased and not motivated by political or ideological considerations, would conclude that recusal was not necessary. Alito maintained that he was not required to recuse himself from the Trump immunity or Jan. 6 cases, and thus, he was obligated to reject the lawmakers’ request under the Supreme Court’s code of conduct.
Supreme Court Justice Samuel Alito has responded to the controversy surrounding the upside-down flag at his Virginia home. Alito did not deny any knowledge of the significance of flying the flag upside down; however, he stated that he was not involved in the decision to fly it and was unaware of its presence until it was pointed out to him. Upon learning about the flag, Alito requested his wife, Martha-Ann, to remove it, but she initially refused for several days.
Alito clarified that he and his wife jointly own their Virginia home, and she has the legal right to use the property as she sees fit. He explained that there were no additional steps he could take to have the flag removed more promptly. Alito also noted that his wife, as a private citizen, has the same First Amendment rights as every other American. She has made sacrifices to accommodate his service on the Supreme Court, including enduring numerous protests outside their home. Regarding the Appeal to Heaven flag, Alito reiterated that he had no involvement in the decision to fly it. He described the flag as one of many flown by Martha-Ann Alito at their homes over the years, which include flags thanking veterans, college flags, and seasonal flags. Alito claimed no knowledge of any symbolism behind the flag, stating that he was not familiar with it when his wife flew it. He assumed it was flown to express a religious and patriotic message, and he was unaware of any connection between the historic flag and the Stop the Steal Movement. Alito emphasized that the New Jersey home is owned solely by Martha-Ann Alito, who purchased it with money inherited from her parents. He stated that it is a place for her to relax away from Washington. Alito concluded that since a reasonable person would not conclude that this event meets the standard for recusal, he is duty-bound to reject the request to recuse himself from the Trump immunity and Jan. 6 cases. Decisions in those cases are expected by late June or early July. Chief Justice John Roberts also declined to meet with Senators Richard Durbin and Sheldon Whitehouse regarding what they characterized as the “Supreme Court’s ethics crisis.” The senators had written to Roberts following reporting by the New York Times about the controversial flags flown at Alito’s homes in Virginia and New Jersey.Two senators had called for Alito’s recusal and reiterated their call for the Supreme Court to adopt an enforceable code of conduct. They also requested a meeting with the chief justice.
In a brief letter, Roberts noted that Alito had responded directly to Durbin and Whitehouse on the recusal issue.
Regarding the request for a meeting, Roberts emphasized that meetings between members of Congress and sitting chief justices have been rare.
Roberts further stated that for the chief justice to meet with members of only one party who have expressed an interest in matters currently pending before the Court would be inadvisable.
This article was originally published at Howe on the Court.
Posted in What’s Happening Now
Recommended Citation: Eric, Alito rejects calls to recuse from Trump, Jan. 6 cases in light of flag controversies, SCOTUSblog (May. 29, 2024, 12:00 AM), /2024/05/alito-reject-calls-to-recuse-from-trump-jan-6-cases-in-light-of-flag-controversies/
