Chief Justice John Roberts of the Supreme Court has declined a request from Democratic Senators Dick Durbin and Sheldon Whitehouse to compel Justice Samuel Alito to remove himself from cases pertaining to the 2020 presidential election and events of January 6. The Senators rationalized their request based on the fact that Alito’s wife had flown flags symbolizing support for conservative postitions. In addition, the Senators requested a meeting with Roberts to discuss matters of Supreme Court ethics.
However, Roberts clarified that it is a long-standing tradition, going back 235 years, for individual judges to decide on matters of recusal. Roberts maintained that he had received a letter from Alito addressing this matter. Furthermore, Roberts declined the request for a meeting, citing separation of powers and the necessity to preserve judicial independence. He noted that apart from ceremonial events, there have been only a few instances historically when a sitting Chief Justice has met legislators.
Earlier in the week, Alito had responded to the recusal calls, stating that a reasonable person not exhibiting political or ideological bias would not deem recusal necessary due to his wife’s flag-flying. As a result, he emphasized his obligation to decline the recusal request.