WASHINGTON (CN) — Chief Justice John Roberts declined Thursday to meet with Senate Democrats about flags used by far-right political activists flown outside Justice Samuel Alito’s residences.
“In regards to questions concerning any justice’s participation in pending cases, the members of the Supreme Court recently reaffirmed the practice we have followed for 235 years pursuant to which individual justices decide recusal issues,” the George W. Bush appointee wrote.
All nine justices signed on to an ethics code last year after reports accused several members of the court — including Alito — of violating laws and standards followed by the rest of the judiciary. Senate Majority Whip Dick Durbin and Rhode Island Senator Sheldon Whitehouse claimed that the code required Alito to recuse from any cases related to the Jan. 6, 2021, Capitol riot because of flags flown outside his house.
Reporting from the New York Times revealed that flags representing protest symbols for Capitol rioters and the “Stop the Steal” movement were displayed at Alito’s Virginia house and New Jersey vacation home. Alito blamed his wife, Martha-Ann Alito, for putting up the flags.
The Supreme Court is set to rule on felony obstruction charges for Capitol rioters and Donald Trump’s presidential immunity claim for election subversion charges in the coming weeks. Durbin and Whitehouse sent a letter to Roberts demanding Alito’s recusal from both cases, requesting to meet with the chief justice about ethics issues at the court.
Roberts declined, citing the rarity of the request. He said sitting chief justices hardly ever meet with lawmakers, even in public settings.
“Separation of powers concerns and the importance of preserving judicial independence counsel against such appearances,” Roberts wrote. “Moreover, the format proposed — a meeting with leaders of only one party who have expressed an interest in matters currently pending before the court — simply underscores that participating in such a meeting would be inadvisable.”
Alito rebutted Senate Democrats’ recusal request yesterday, arguing that a reasonable person who is not motivated by politics would not think flying political flags outside his house met the recusal standard.
Distancing himself from the incident, Alito said his wife was solely responsible for raising an upside-down flag outside their Virginia home and an “Appeal to Heaven” flag at their New Jersey vacation house. The conservative justices said Martha-Ann had the right to make her own decisions and could exercise her First Amendment right as she saw fit.
Roberts’ letter doesn’t comment on the political flags, only noting that Alito already addressed that subject.
Last year, Roberts similarly refused to testify before the Senate Judiciary Committee about the Supreme Court’s ethics scandals.
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