Justice Samuel Alito has declined requests to recuse himself from two Supreme Court cases involving former President Donald Trump and the Jan. 6 riot at the U.S. Capitol due to flags displayed outside his homes. Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, urged Alito to recuse himself.
Alito stated in letters to House and Senate Democrats that he was not involved with the placement of an upside-down American flag and an “Appeal to Heaven” flag, nor was he aware of their interpretations.
The upside-down flag has become notable among Trump supporters who dispute President Joe Biden’s election win.
“Flying an upside-down American flag, a symbol associated with the ‘Stop the Steal’ movement, clearly creates the appearance of bias,” Durbin said.
Alito argued that a reasonable person would not see a need for recusal, noting that the flags were his wife’s interest and emphasizing her independence and legal rights over their properties.
“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,” Alito wrote. “I am therefore duty-bound to reject your recusal request.”
“My wife’s reasons for flying the flag are not relevant for present purposes,” he wrote, “but I know she was greatly distressed at the time due, in large part, to a very nasty neighborhood dispute in which I had no involvement.”
Alito explained that a man who lived nearby once followed his wife down the street, verbally attacking her with extremely offensive language in his presence.
“My wife is a private citizen with the same First Amendment rights as anyone else,” Alito said. “She makes her own decisions, and I have always respected her right to do so.”
