In a letter sent to Democratic lawmakers, Justice Alito stated that the incidents involving the flags “do not meet the conditions for recusal.” He explained that he had no involvement in the flying of the upside-down American flag outside his Virginia home and that he was not aware of it until it was brought to his attention. He also stated that he had no involvement in the decision to fly an “Appeal to Heaven” flag outside his vacation home in the summer of 2023. Justice Roberts, in his letter to Senate Judiciary Chairman Dick Durbin, declined the invitation to meet with Democratic senators, stating that it would be “inadvisable” and would undermine the separation of powers. He emphasized that such meetings could create the appearance of bias and compromise the independence of the judiciary.
Democratic leaders have expressed concerns about the appearance of bias created by the flags, which are similar to those carried by rioters during the January 6 Capitol protests. However, both Justice Alito and Justice Roberts have maintained that their actions do not warrant recusal and have emphasized the importance of judicial independence.
