A group of 45 House Democrats sent Supreme Court Justice Samuel Alito a letter on May 21 requesting that he recuse himself from high-profile cases related to the events of Jan. 6, 2021.
Rep. Hank Johnson (D-Ga.) spearheaded the letter in response to news that an inverted American flag flew outside of Justice Alito’s Virginia home on Jan. 17.
The New York Times reported on the incident while noting that it was a sign adopted by President Trump’s supporters who contested the outcome of the 2020 presidential election.
The letter came on behalf of the recently announced Court Reform Now Task Force, led by House Democrats. It specifically requested Justice Alito recuse himself from an appeal involving someone present at the Capitol on Jan. 6 (Fischer v. United States), as well as former President Donald Trump’s immunity appeal arising out of his Jan. 6-related case in Washington.
“Today, we are compelled to request that you recuse yourself from any further participation in the cases of Trump v. United States, Fischer v. United States, and any other cases that may arise from the events surrounding January 6 or the 2020 election,” the letter signed by dozens of House Democrats read.
The justices typically vote on cases just days after hearing them in oral argument, raising questions about how a recusal would work in the two cited Jan. 6 cases, both of which were heard in April.
Among the signatories are Rep. Adam Schiff (D-Calif.) and Rep. Jamie Raskin (D-Md.), who co-chair the Task Force. Others include Reps. Sheila Jackson-Lee (D-Texas), Ted Lieu (D-Calif.), Ayanna Pressley (D-Mass.), and Eric Swalwell (D-Calif.).
Response to ‘Yard Signs’
Justice Alito told The New York Times that he “had no involvement whatsoever in the flying of the flag,” adding that his wife, Martha-Ann Alito, had used it in response to “objectionable and personally insulting language on yard signs.”Democrats’ May 21 letter responded that he should recuse himself anyway based on the non-binding ethics code the Supreme Court released last year.
“Even if you had ‘no involvement’ in the display yourself, the fact of such a political statement at your home creates, at minimum, the appearance of improper political bias,” the letter read.
It also pointed to Canon 3B of the ethics code, which says, “a Justice should disqualify himself or herself in a proceeding in which the Justice’s impartiality might reasonably be questioned, that is, where an unbiased and reasonable person who is aware of all relevant circumstances would doubt that the Justice could fairly discharge his or her duties.”
Senate Judiciary Chairman Dick Durbin (D-Ill.) and House Judiciary Ranking Member Jerrold Nadler (D-N.Y.) both called for Justice Alito’s recusal after the Times’ report surfaced this past week.
The May 21 letter added that “public trust and confidence in the Supreme Court is in shambles, which jeopardizes our democracy and the Rule of Law upon which it is based.
“And given that your decisions in Trump and Fischer will profoundly affect the future of a past and potentially future President, and of democracy itself, it is essential that the Court attempt to bolster the public’s trust in the integrity of the Court.”
The court saw a decline in its trust rating following its ruling to overturn Roe v. Wade, the landmark 1973 ruling that struck down abortion restrictions.
On May 17, The Wall Street Journal Editorial Board defended Justice Alito and argued that it was unnecessary for him to recuse himself from cases involving President Trump.
“The political left will never forgive Justice Samuel Alito for writing the opinion that overturned Roe v. Wade, and so like Justice Clarence Thomas he will be attacked to the end of his days,” the editorial board said.
It added that while flying an inverted flag was a mistake, Justice Alito’s “explanation sounds plausible.”
