Senate Judiciary Democrats request meeting with Chief Justice Roberts over Alito flag controversy

Senate Judiciary Chairman Dick Durbin, and fellow committee member Sheldon Whitehouse from Rhode Island requested the meeting with Roberts "as soon as possible," and vowed to continue pursuing legislation that forces a code of ethics on the Supreme Court.

Published: May 24, 2024 4:07pm

Updated: May 24, 2024 4:39pm

Two Senate Judiciary Democrats on Friday requested a meeting with Supreme Court Chief Justice John Roberts, to express concerns that two properties owned by Justice Samuel Alito displayed symbols indicating support for the "stop the steal" movement.

Two articles by the New York Times revealed an American flag flew upside down at Alito's Virginia home shortly after the January 6 riot in 2021. Another flag present at the riot, called the "Appeal to Heaven" flag, was flown at a summer residence in 2023. Alito attributed the upside down flag to his wife, claiming he had nothing to do with it.

Senate Judiciary Chairman Dick Durbin, and fellow committee member Sheldon Whitehouse from Rhode Island requested the meeting with Roberts "as soon as possible," and vowed to continue pursuing legislation that forces a code of ethics on the Supreme Court.

"We urge you to immediately take appropriate steps to ensure that Justice Alito will recuse himself in any cases related to the 2020 presidential election and January 6th attack on the Capitol," Durbin and Whitehouse wrote in the letter. "We also renew our call for the Supreme Court to adopt an enforceable code of conduct for justices.

"And we request a meeting with you as soon as possible, in your capacity as Chief Justice and as presiding officer of the Judicial Conference of the United States, to discuss additional steps to address the Supreme Court’s ethics crisis," the senators continued.

The letter also comes after Supreme Court Justice Clarence Thomas faced ethics complaints by Democrats last year, for not disclosing loans and gifts from an affluent family friend. He also faced concerns over his wife's alleged involvement with former President Donald Trump.

"Justice Thomas has repeatedly participated in cases relating to the January 6th attack on the Capitol and the alleged surrounding plot to overturn the 2020 election," the senators wrote. "His wife’s involvement likely provided grounds for recusal under the federal recusal law, but it appears that the Court has failed to ask what the facts were—particularly the critical facts as to what Justice Thomas knew about his wife’s interactions with alleged participants and when he knew it."

Other Democrats have also called for Alito to recuse himself from January 6 cases, including one related to former President Donald Trump. House Minority Leader Hakeem Jeffries called for Alito's recusal, and also said he should apologize to the American people for flying the flag upside down.

"Samuel Alito should apologize immediately for disrespecting the American flag and sympathizing with right-wing violent insurrectionists," Jeffries said in his statement. "He must recuse himself from cases involving the 2020 election and former President Donald Trump ... The Constitution demands and the American people deserve more from a justice serving on the highest court in the land than baseless election denial."

Misty Severi is an evening news reporter for Just the News. You can follow her on X for more coverage.

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