Current:Home > MarketsChief Justice John Roberts rejects Senate Democrats' request for meeting after Alito flag controversy--DB Wealth Institute B2 Reviews Insights
Chief Justice John Roberts rejects Senate Democrats' request for meeting after Alito flag controversy
View Date:2025-01-20 01:11:38
Washington — Chief Justice John Roberts rejected a request from Senate Judiciary Committee Democrats for a meeting to discuss ethics issues at the Supreme Court after Justice Samuel Alito came under scrutiny for flags flown outside his homes.
Roberts said in a letter Thursday to Judiciary Committee Chairman Dick Durbin and subcommittee head Sen. Sheldon Whitehouse that outside of ceremonial events, the chief justice rarely meets with lawmakers, even in public and with members of both parties.
"Separation of powers concerns and the importance of preserving judicial independence counsel against such appearances," the chief justice wrote. "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."
The flag controversy
Durbin and Whitehouse, both Democrats, sent a letter to Roberts last week seeking a meeting to discuss ethics issues at the Supreme Court after the New York Times revealed in a pair of reports that an upside-down flag flew outside of Alito's Virginia home in January 2021 and an "Appeal to Heaven" flag was displayed outside his vacation house in New Jersey in the summer of 2023.
The presence of the flags led to backlash from Democrats, since both types were carried by rioters who breached the U.S. Capitol building on Jan. 6, 2021, and have become associated with the "Stop the Steal" movement.
In addition to seeking the meeting, Durbin and Whitehouse had urged Roberts to take steps to ensure Alito recused himself from cases involving former President Donald Trump and the Jan. 6, 2021, attack on the U.S. Capitol.
There are currently two cases pending before the high court that involve those issues. The first challenges prosecutors' use of an obstruction charge levied against Jan. 6 defendants. The second involves whether Trump is entitled to sweeping immunity from federal prosecution for allegedly official acts taken while in office.
Alito told congressional Democrats in a pair of letters Wednesday that he would not step aside in the cases and reiterated that he was not involved in the flying of the flags outside his residences. The justice also wrote that the incidents did not merit his recusal under the Supreme Court's code of conduct, which it adopted in November.
"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," Alito wrote. "I am therefore duty-bound to reject your recusal request."
Democrats had argued that the flying of the two flags created the appearance of impropriety that required him to step aside from the disputes involving the 2020 election and the Jan. 6 assault.
But Alito said in his letters that his wife, Martha-Ann Alito, was behind the flying of the flags. On the upside-down American flag, the justice said she had been "greatly distressed" at the time it was displayed because of a "very nasty neighborhood dispute" that he was not involved in.
"My wife is a private citizen, and she possesses the same First Amendment rights as every other American," Alito continued. "She makes her own decisions, and I have always respected her right to do so."
On the "Appeal to Heaven" flag, Alito said it was flown at their New Jersey vacation home by his wife, and neither of them were aware it had become associated with the "Stop the Steal" movement.
"As I said in reference to the other flag event, my wife is an independently minded private citizen," Alito wrote. "She makes her own decisions, and I honor her right to do so. Our vacation home was purchased with money she inherited from her parents and is titled in her name. It is a place, away from Washington, where she should be able to relax."
Alito has maintained since early 2021 that he was not involved in the flying of the upside-down American flag outside his Virginia residence and told a Washington Post reporter who learned of the display at the time that it stemmed from a neighborhood dispute. Martha-Ann Alito, too, told the reporter that the flag was "an international sign of distress."
Recusal decisions are made by each individual justice, and in his letter to Durbin and Whitehouse, Roberts pointed them to Alito's letter addressing his continued participation in election and Jan. 6-related cases.
The chief justice last fielded a request to answer lawmakers' questions in April 2023, when Durbin requested he testify about the ethics practices at the Supreme Court.
In a letter declining the invitation to appear before the Judiciary Committee, Roberts said there have been only two prior instances of justices testifying before Congress on issues unrelated to appropriations or nominations. He told Durbin that the rarity of a chief justice's testimony is expected, "in light of separation of powers concerns and the importance of preserving judicial independence."
Melissa QuinnMelissa Quinn is a politics reporter for CBSNews.com. She has written for outlets including the Washington Examiner, Daily Signal and Alexandria Times. Melissa covers U.S. politics, with a focus on the Supreme Court and federal courts.
TwitterveryGood! (6711)
Related
- Why Dolly Parton Is a Fan of Taylor Swift and Travis Kelce's Little Love Affair
- Apple announces new iPhone 16: What to know about the new models, colors and release date
- Cute Fall Sweaters Under $50 on Amazon (That You'll Want in Every Color)
- Jon Stewart presses for a breakthrough to get the first 9/11 troops full care
- As Northeast wildfires keep igniting, is there a drought-buster in sight?
- Flash flood sweeps away hamlet as Vietnam’s storm toll rises to 155 dead
- Ohio is sending troopers and $2.5 million to city inundated with Haitian migrants
- 'The Daily Show’ live debate episode with Jon Stewart: Start time, where to watch and stream
- 2 Florida women charged after shooting death of photographer is livestreamed
- Election in Georgia’s Fulton County to be observed by independent monitor
Ranking
- Kalen DeBoer, Jalen Milroe save Alabama football season, as LSU's Brian Kelly goes splat
- Investigators probe Indiana plane crash that killed pilot, 82
- Get 2 Benefit Porefessional Primers for the Price of 1: Blur Pores and Create a Photo-Filter Effect
- Hoping to win $800M from the Mega Millions? Here's exactly how to purchase a ticket.
- New Orleans marks with parade the 64th anniversary of 4 little girls integrating city schools
- Meth and heat are a deadly mix. Users in America's hottest big city rarely get the message
- The SKIMS Push-Up Bra Hailed as “Better Than a Boob Job” Just Got Even Better With This New Launch
- What is cortisol face? TikTok keeps talking about moon face, hormones.
Recommendation
-
'Bizarre:' Naked man arrested after found in crawl space of California woman's home
-
Hawaii voters asked to ensure protection of same-sex marriage
-
New Jersey Pinelands forest fire is mostly contained, official says
-
Do drivers need to roll down their windows during a traffic stop?
-
This is Your Sign To Share this Luxury Gift Guide With Your Partner *Hint* *Hint
-
New Jersey Pinelands forest fire is mostly contained, official says
-
Key witness in trial of FTX founder Sam Bankman-Fried seeks no prison time at upcoming sentencing
-
Will the Emmys be the ‘Shogun’ show? What to expect from Sunday’s show