Tipsheet

Alito Tells the Usual Suspects to Pound Sand Over Recusal Demands

Katie Pavlich
Katie Pavlich  |  May 29, 2024 2:30 PM

Supreme Court Justice Samuel Alito will not recuse himself from upcoming arguments on January 6, 2021 related cases. The decision comes after the Washington Post and New York Times published a number of stories about flags flown by his wife at their vacation home, prompting demands from Senate Judiciary Committee Chairman Dick Durbin and Senator Sheldon Whitehouse for a recusal. The stories claim the flags, which included an upside down American flag and an "Appeal to Heaven" flag, represent the "stop the steal" movement. 

In a letter to Durbin and Whitehouse Wednesday afternoon, Alito explained his decision. 

"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, '[individual 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," Alito wrote. 

"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," he continued. "I 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 I 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,' and neither was my wife. She did not fly it to associate herself with that or any other group, and the use of an old historic flag by a new group does not necessarily drain that flag of all other meanings."

"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. I am therefore duty-bound to reject your recusal request," Alito concluded. 

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Alito allies are applauding the decision.