Judge Alito Refuses To Recuse From Cases Despite Flag Controversy

Supreme Court Justice Samuel Alito told lawmakers in a letter on Wednesday that he would not recuse himself from cases related to the 2020 presidential election or the Capitol riot, despite controversy over two flags displayed at his properties.

Alito responded directly to the concerns in two different letters, defending himself in the flag controversy.

"The two incidents you cite do not meet the conditions for recusal," Alito said in the letter.

"As I have stated publicly, I had nothing whatsoever to do with the flying of that flag. I was not even aware of the upside-down flag until it was called to my attention."

The letters came as a surprise as Supreme Court justices typically do not engage in public discussions about their decisions to recuse or not recuse from cases, according to CNN.

The Supreme Court is dealing with significant cases tied to the 2020 election and the 2021 Capitol riot.

In his letter, Alito reiterated his previous explanations regarding an upside-down US flag flown at his Alexandria, Virginia, home in early 2021. He repeated that the flag was placed by his wife, Martha-Ann Alito, due to a "very nasty neighborhood dispute."

"My wife is a private citizen, and she possesses the same First Amendment rights as every other American," Alito said.

"She makes her own decisions, and I have always respected her right to do so.

"My wife is fond of flying flags. I am not."

The second flag in question, an 'Appeal to Heaven' flag, has historical significance dating back to the Revolutionary War but has also been adopted by some Trump supporters. This flag was displayed at the Alitos' vacation home in New Jersey.

Alito said he was aware of the flag but did not know how long it had been flown and was unfamiliar with its current connotations. He also added that his wife had hoisted this flag as well.

"I had no involvement in the decision to fly that flag," Alito said.

"I was not aware of any connection between that historic flag and the 'Stop the Steal Movement,' and neither was my wife. She did not fly it to associate herself with that or any other group, and the use of an old historic flag by a new group does not necessarily drain that flag of all other meanings."

Referring to the recently adopted Supreme Court code of conduct, Alito argued that the flags did not constitute valid grounds for recusal. He said he was rejecting recusal requests from Congress members, including Illinois Sen. Dick Durbin, the Democratic chairman of the Senate Judiciary Committee, who had requested Alito to recuse himself from the cases.