Supreme Court Justice Samuel A. Alito Jr. rejected calls to recuse himself from cases related to the Jan. 6, 2021, U.S. Capitol protest.
In a letter to Congress on Wednesday, he said the flying of an upside-down American flag and “An Appeal to Heaven” pennant at his homes were his wife’s decisions and that he’s not biased in any dispute.
“My wife is fond of flying flags. I am not. My wife was solely responsible for having flagpoles put up at our residence and our vacation home and has flown a wide variety of flags over the years,” he said in his letter to the top Democrat on the Senate Judiciary Committee, Chairman Richard J. Durbin.
“My wife is an independently minded private citizen. She makes her own decisions, and I honor her right to do so,” he added. “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. I am therefore duty-bound to reject your recusal request.”
Justice Alito also sent the letter to House Democrats. One of them, Rep. Dan Goldman of New York, said Chief Justice John G. Roberts Jr. should intervene to avoid a “miscarriage of justice.”
“Justice Alito’s refusal to recuse himself from the pending Trump v. United States and Fischer v. United States cases is perhaps the greatest stain yet on the Supreme Court’s legitimacy. Even if fully credited, Justice Alito’s own explanation to Congress for his decision concedes that a political statement related to the underlying facts of those two cases hung from his house, creating the appearance of bias and therefore requiring that he recuse,” Mr. Goldman said.
Justice Alito’s letter comes after The New York Times reported that Justice Alito had flown two flags outside his homes — one in 2021 at his residence in Alexandria, Virginia, and another in 2023 at his New Jersey beach house — that were symbols carried by Jan. 6 protesters.
The NYT reported last week that Justice Alito flew an “Appeal to Heaven” flag at his Long Beach Island, New Jersey, vacation home in 2023. The newspaper called the flag, which dates from the American Revolution, a symbol for “a more Christian-minded government” and said it was carried on Jan. 6 at the Capitol.
In his letter to members of Congress, Justice Alito noted that he didn’t know of a connection between the “Stop the Steal Movement” and the “Appeal to Heaven” flag.
It was the second article by the same paper in just under a week about Justice Alito flying flags at his residences. The outlet previously reported that he flew an upside-down U.S. flag at his Alexandria, Virginia, home in the wake of the Jan. 6 demonstration.
Former President Trump applauded Justice Alito’s letter in a post on Wednesday on Truth Social, sprinkled with his trademark all-capital letters.
“Congratulations to United States Supreme Court Justice Samuel Alito for showing the intelligence, courage, and ’guts’ to refuse stepping aside from making a decision on anything January 6th related. All U.S. Judges, Justices, and Leaders should have such grit — Our Country would be far more advanced than its current status as a badly failing nation, headed by the Worst President in American History, Crooked Joe Biden!” he wrote.
Democratic lawmakers have called the flag-flying a public display of political activity, which would run afoul of judicial ethics. One House Democrat introduced a censure resolution that demands that the justice recuse himself from any case related to the 2020 election.
It was the latest call for recusal after Mr. Durbin, Illinois Democrat, said the justice must recuse himself from Mr. Trump’s case for absolute immunity over his efforts to reverse the 2020 election results.
Mr. Durbin reiterated those calls for recusal after revelations that “An Appeal to Heaven” flag was also flown.
That flag, also known as the Pine Tree Flag, was used during the American Revolution, originally by a squadron of six frigates commissioned in 1775 by Gen. George Washington.
The phrase “Appeal to Heaven” dates from 17th-century English political philosopher John Locke, who used it to characterize revolution as what an oppressed people have when there is no recourse on Earth. Locke was one of the most cited philosophers by America’s founders in the Colonial period.
The flag flaps surrounding Justice Alito first became public when the New York Times published a Jan. 17, 2021, photograph of the upside-down American flag at his house. The upside-down flag is a symbol of Mr. Trump’s “Stop the Steal” movement in 2020, according to the newspaper.
Justice Alito told the newspaper he wasn’t responsible for the flag.
“I had no involvement whatsoever in the flying of the flag,” he said. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”
He didn’t comment to the NYT about “An Appeal to Heaven” flag for the article.
Mr. Durbin and fellow Senate Democrats have requested a meeting with Chief Justice Roberts amid the flag issue.
Justice Alito’s letter was in response to that request.
The calls for recusal come as the high court is weighing two major disputes this term over whether Mr. Trump is immune from charges stemming from his contest of the 2020 election results and another dispute over an obstruction charge facing hundreds of Jan. 6 defendants, including Mr. Trump.
Those opinions are expected to come by the end of June.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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