Historical Society Confirms Supreme Court Justices Were Secretly Recorded at Event

Supreme Court Chief Justice John Roberts and Associate Justice Sonia Sotomayor arrive for President Joe Biden's State of the Union address during a joint meeting of Congress in the House chamber at the Capitol, on March 7, 2024. Win McNamee/Getty Images

The society that held an event with Supreme Court justices has confirmed an activist secretly recorded several justices and says the activist’s membership will be revoked.

“Our policy is to ensure that all attendees, including the justices, are treated with respect. We condemn the surreptitious recording of justices at the event, which is inconsistent with the entire spirit of the evening. Attendees are advised that discussion of current cases, cases decided by this court, or a justice’s jurisprudence is strictly prohibited and may result in forfeiture of membership in the society,” James Defer, executive director of the Supreme Court Historical Society, told The Epoch Times via email.

A society spokeswoman said that Lauren Windsor, the activist who recorded interactions with Justices Samuel Alito and John Roberts and Justice Alito’s wife, will be removed from the society.

Ms. Windsor did not immediately respond to a request for comment.

Justices attended the society’s annual dinner on June 3. Seven days later, Ms. Windsor released the recordings.

Ms. Windsor can be heard telling Justice Alito that her husband wanted to come to the event but could not. She said her husband wanted to make sure to convey to Justice Alito “that he is a fighter and we appreciate him and he has all the grit.” Ms. Windsor then said she worried about political polarization. She described herself as a Catholic and said, “I don’t know that we can negotiate with the left in the way that needs to happen for the polarization to end. I think that it’s a matter of like, winning.”

“I think you’re probably right,” Justice Alito responded. “One side or the other is going to win. I don’t know. I mean, there can be a way of working—a way of living together peacefully, but it’s difficult, you know, because there are differences on fundamental things that really can’t be compromised. They really can’t be compromised. So it’s not like you are going to split the difference.”

When Ms. Windsor offered that people who believe in God in America have “got to keep fighting ... to return our country to a place of godliness,” Justice Alito said he agreed.

Ms. Windsor also approached Justice Roberts, the chief justice of the court. She told him it was a tumultuous time in the country and wanted his perspective on how to “repair the polarization.”

Justice Roberts said that tumultuous times are common, highlighting tensions over the Vietnam War among other periods. “The idea that the court is in the middle of a lot of tumultuous stuff going on, that’s nothing new,” he said.

When Ms. Windsor suggested that the Supreme Court should guide America “toward a more moral path,” Justice Roberts said “no.”

“I think the role for the court is deciding the cases,” he said. “Would you want me to be in charge of guiding us toward a more moral path? That’s for the people we elect. That’s not for lawyers.”

Ms. Windsor said on the social media platform X that she believes the Supreme Court is “an extremist court.” She said she surreptitiously recorded the justices because she believes they would have answered differently if she disclosed she was recording.

Ms. Windsor runs a channel called The Undercurrent, which she describes as an outlet for investigative reporting. She also describes herself as an activist and has in the past worked for a consulting firm that was working to elect Hillary Clinton, a Democrat, as president.

Justices Alito and Roberts, who were both appointed by President George W. Bush, did not respond to requests for comment. The Supreme Court did not return inquiries.

Justice’s Wife Comments on Flags

Ms. Windsor also posed questions during the event to Martha Ann Alito, Justice Alito’s wife.

Mrs. Alito flew several flags at the Alitos’ homes, including an upside-down American flag, according to the justice. The flags have sparked calls from Democrats for Justice Alito to recuse himself from certain cases, which Justice Alito has rebuffed. Mrs. Alito has not spoken about the flags publicly.

Supreme Court Justice Samuel Alito, center, and his wife Martha Ann Alito, leave the Basilica of the National Shrine of the Immaculate Conception in Washington in a file photograph. Chip Somodevilla/Getty Images

Ms. Windsor told Mrs. Alito that she was a big fan and that she supported her through everything she’s been going through.

“It’s okay, because if they come back to me, I'll get them,” Mrs. Alito said. “I’m going to be liberated, and I’m going to get them.”

Asked to elaborate, Mrs. Alito suggested she planned to bring defamation lawsuits against media outlets. She later added that “the Feminazis believe that [Justice Alito] should control me” but “he never controls me.” She said she believed there was negotiating with liberals because “they feel, they don’t think.” She said she wanted to fly a Jesus flag “because I have to look across the lagoon at the pride flag for the next month.”