Chief Justice Roberts rejects Senate Democrats’ meeting to press for Alito’s recusal

Chief Justice John G. Roberts Jr. on Thursday declined the Senate Judiciary Committee chairman’s request for a meeting about Justice Samuel A. Alito Jr.’s alleged ethics problems.

The chief justice told Senate Judiciary Committee Chairman Sen. Dick Durbin and other Democrats on the committee that their request was out of the norm.

“Only on rare occasions in our Nation’s history has a sitting Chief Justice met with legislators, even in a public setting…with members of both major political parties present,” he said in a letter to Mr. Durbin and Sen. Sheldon Whitehouse, Rhode Island Democrat.

“Separation of powers concerns and the importance of preserving judicial independence counsel against such appearances. Moreover, the format proposed — a meeting with leaders of only one party who have expressed an interest in matters currently pending before the Court — simply underscores that participating in such a meeting would be inadvisable,” Chief Justice Roberts wrote.

Mr. Durbin called for Justice Alito to recuse himself from cases related to the Capitol riot on Jan. 6, 2021, because an upside-down American flag — a symbol of the “Stop the Steal” movement — was flown outside the justice’s Alexandria, Virginia, home.

Another flag carried by Jan. 6 rioters — an “Appeal to Heaven” flag — flew outside the justice’s New Jersey residence in 2023.

Justice Alito said that displaying the flags was his wife’s decision and insisted he was not biased in matters related to the Capitol riot or former President Donald Trump.

“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 Mr. Durbin earlier this week.

“My wife is an independently-minded private citizen. She makes her own decisions, and I honor her right to do so,” he said. “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’s flag drama started with a recent The New York Times report about the pro-Trump display.

The newspaper called the “Appeal to Heaven” flag, which dates from the American Revolution, a symbol for “a more Christian-minded government” and said it was carried at the Capitol on Jan. 6, 2021.

Justice Alito said he didn’t know of a connection between the “Stop the Steal Movement” and the flag.

Democratic lawmakers have called it 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.

The high court is weighing two major disputes this term involving the Jan. 6 riot: Mr. Trump’s claim of immunity from charges for contesting the 2020 election results and a challenge to the charge of obstructing an official proceeding that impacts hundreds of Jan. 6 defendants, including Mr. Trump.

Those opinions are expected to come by the end of June.