Supreme Court Justice Samuel Alito has declined to recuse himself from cases related to the 2020 presidential election or the January 6 Capitol protests, despite concerns raised by Democratic lawmakers about flags flown outside his homes. Chief Justice John Roberts has also declined a request from Democratic senators to meet and discuss ethics concerns surrounding the flags. Both justices have emphasized the importance of judicial independence and separation of powers.
Supreme Court Chief Justice John Roberts is facing pressure to ensure that Justice Samuel Alito recuses himself from any 2020 election-related cases following controversy over flags flown at his two homes around the time of the January 6, 2021 Capitol riot. Lawmakers, including Senate Judiciary Committee Chairman Dick Durbin and Chairman of the Judiciary Subcommittee on Federal Courts Sheldon Whitehouse, have written a letter to Roberts, arguing that Alito’s actions have compromised his impartiality. The letter cites the display of an upside-down American flag and an “Appeal to Heaven” flag at Alito’s homes, claiming that these acts constitute political activity and raise doubts about his ability to fairly discharge his duties in election-related cases. The controversy has sparked calls from some progressive Democrats to expand the Supreme Court to prevent the influence of conservative justices like Alito.
