In a move that is sure to please conservative Americans, Supreme Court Justice Samuel Alito has refused a demand by Democrat senators that he recuse himself from any cases related to the January 6, 2021 Capitol riot, Trump immunity, and the 2020 election.
The demand for recusal came after it was revealed that Justice Alito’s wife had flown flags supporting former President Donald Trump at their residential and vacation homes.
But in a letter sent by the justice to Senate Majority Leader Chuck Schumer (D-NY) and Senator Dick Durbin (D-IL), Alito made it clear that he would not be stepping down from any cases.
“I am aware of no precedent for my recusal in such circumstances,” wrote Justice Alito. “And I do not believe there is any legal or ethical basis for disqualification.”
Dear Senators Durbin and Whitehouse:
This is in response to your letter of May 23 to the Chief Justice requesting that he take steps to ensure that I recuse in Trump v. United States, No. 23-939, and any other cases “related to the 2020 presidential election” or “the January 6th attack on the Capitol”) As the Court has pointed out, “[ijndividual Justices, rather than the Court, decide recusal issues.” I am therefore responding directly to your letter. In it, you claim that two incidents involving the flying of flags created an appearance of impropriety that requires my recusal.
‘The applicable provision of our Code of Conduct states as follows:
“B. DISQUALIFICATION.
(1) A Justice is presumed impartial and has an obligation to sit unless disqualified.
in which the Justice’s impartiality might reasonably be questioned, that is, where an unbiased and reasonable person who is aware of all relevant circumstances would doubt that the Justice could fairly discharge his or her duties.” Code of Conduct for Justices of the Supreme Court of the United States, Canon
3B) (1)-(2)
The two incidents you cite do not meet the conditions for recusal set out in (B)(2), and I therefore have an obligation to sit under (B) (1).
The first incident cited in your letter concerns the flying of an upside-down American flag outside the house in Virginia where my wife and I reside. In
1Letter from R. Durbin & S. Whitehouse to C. J. Roberts (May 23, 2024) * Attachmentto lotter from THE CHIEF JUSTICE to R. Durbin (Apr. 25, 2023); Commentary to Code of Conduct for Justices ofthe Supreme Courtofthe United States 11 (Nov. 13, 2023).
considering whether this event requires recusal, an unbiased and reasonable person would take into account the following facts. As I have stated publicly, I had nothing whatsoever to do with the flying of that flag. I was not even aware of the upside- down flag until it was called to my attention. As soon as I saw it, I asked my wife to take it down, but for several days, she refused.
My wife and I own our Virginia home jointly. She therefore has the legal right to use the property as she sees fit, and there were no additional steps that I could have taken to have the flag taken down more promptly.
My wife’s reasons for flying the flag are not relevant for present purposes, but I note that she was greatly distressed at the time due, in large part, to a very nasty neighborhood dispute in which I had no involvement. A house on the street displayed a sign attacking her personally, and a man who was living in the house at the time trailed her all the way down the street and berated her in my presence using foul language, including what I regard as the vilest epithet that can be addressed to a woman.
My wife is a private citizen, and she possesses the same First Amendment, rights as every other American. She makes her own decisions, and I have always respected her right to do so. She has made many sacrifices to accommodate my service on the Supreme Court, including the insult of having to endure numerous, loud, obscene, and personally insulting protests in front of our home that continue to this day and now threaten to escalate.
I am confident that a reasonable person who is not motivated by political or ideological considerations or a desire to affect the outcome of Supreme Court cases would conclude that the events recounted above do not meet the applicable standard for recusal. I am therefore required to reject your request.
The second incident concerns a flag bearing the legend “An Appeal to Heaven” that flew in the backyard of our vacation home in the summer of 2023. I recall that my wife did fly that flag for some period of time, but I do not remember how long it flew. And what is most relevant here, I had no involvement in the decision to fly that flag.
My wife is fond of flying flags. I am not. My wife was solely responsible for having flagpoles put up at our residence and our vacation home and has flown a wide variety of flags over the years. In addition to the American flag, she has flown other patriotic flags (including a favorite flag thanking veterans), college flags, flags supporting sports teams, state and local flags, flags of nations from which the ancestors of family members came, flags of places we have visited, seasonal flags, and religious flags. 1 was not familiar with the “Appeal to Heaven” flag when my wife flew it. She may have mentioned that t dates back to the American Revolution, and T assumed she was flying it to express a religious and patriotic message. I was not aware of any connection between this historic flag and the “Stop the Steal Movement,” group, and the use of an old historic flag by a new group does not necessarily drain that flag of all other meanings.
As T said in reference to the other flag event, my wife is an independently ‘minded private citizen. She makes her own decisions, and I honor her right to do so. Our vacation home was purchased with money she inherited from her parents and is titled in her name. It is a place, away from Washington, where she should be able to relax.
A reasonable person who is not motivated by political or ideological considerations or a desire to affect the outcome of Supreme Court cases would conclude that this event does not meet the applicable standard for recusal. Iam therefore duty-bound to reject your recusal request.
Sincerely yours,
Samuel Alito
This strong stance by Justice Alito has been met with praise by many on the right, who see it as a courageous defense of constitutional rights and an important check against partisan attacks on the judiciary.
“Justice Alito’s refusal to give in to Democrat pressure is exactly what we need on the Supreme Court,” said Republican Senator Ted Cruz of Texas. “We cannot allow liberals to bully our justices into submission.”
Many have also pointed out the hypocrisy of Democrat senators demanding recusal from Justice Alito while simultaneously refusing to recuse themselves from voting on legislation that could directly benefit them or their family members.
“Democrats have no problem benefiting personally from their positions, but they want to punish Justice Alito for his wife’s actions? It’s absurd,” stated conservative commentator Ben Shapiro.
In his letter, Justice Alito also defended his wife’s right to fly flags supporting former President Trump at their homes.
He argued that this was a form of expression protected by the First Amendment and should not be used as a reason for him to recuse himself from cases involving Trump.
“The idea that my impartiality could reasonably be questioned because of my wife’s personal views is preposterous,” wrote Justice Alito. “My wife has her own constitutionally-protected rights, and I will not be intimidated into silence by those who seek to silence her.”
While some may argue that Justice Alito’s refusal to recuse himself could create a conflict of interest in these cases, others see it as a necessary defense against political attacks on the judiciary.
“Justice Alito is standing up for what is right and refusing to back down in the face of liberal bullying,” said House Minority Leader Kevin McCarthy (R-CA). “We need more leaders like him who are willing to defend our values and our Constitution.”
As this story continues to unfold, it is clear that Justice Samuel Alito has become a symbol of resistance against political pressure on the Supreme Court.
His steadfast determination to uphold his constitutional duties and protect his wife’s rights is sure to earn him even more support among Americans.
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2 Comments
at least ONE of those anti-Constitutional, anti-American SCOTUS judges are finally waking up to the communist fascist racist satanic and immoral democrat SOP (standard operating procedure) and telling those confused morons to go pound sand!!!!
What kind of a neighborhood does this judge Alito live in ? sounds like he has a bunch of these brain dead democrats who hate anyone who flies different flags from their own freaking backyard, and to follow the wife down the street calling her names he would get his teeth knocked out if that was my wife he was attacking looks like this whole neighborhood is full of unbalanced filthy democrat lunatics who need enemas on a daily basis and I’d bet every one has money coming out their ears as well probably from fleecing other people out of their money from some Ponzi scheme like all criminals do I wouldn’t put it past them. Flying the American flag right now should be done with every single patriot’s flag flying from every front yard letting the world know we’re in distress and it won’t be turned until president Trump is back in the white house, my American flag has been flying upside down since Biden stole the white house I want that filthy scumbag out of the white house TRUMP IN NOVEMBER MAGA. FJB