On Thursday, Chief Justice of the United States John Roberts declined an invitation to meet with Democratic senators. The Democrats had hoped to discuss the ethical standards of the Supreme Court and the controversy sparked by Justice Samuel Alito hanging flags outside his home.
According to reports from the Associated Press, Roberts’ written response came after Alito refused a request from Democratic lawmakers. Roberts wrote, “I must respectfully decline your request for a meeting.”
Earlier reports indicated that flags related to the “Stop the Steal” campaign were flying outside Alito’s residence. Democrats called for Alito to recuse himself from two cases related to the 2020 election currently before the Supreme Court.
On Wednesday, Alito wrote separate letters to senators and representatives, rejecting their requests for him to recuse himself from cases involving former President Trump’s 2020 election and the January 6th Capitol Hill incident.
Senate Judiciary Committee Chairman, Democrat Dick Durbin from Illinois, and Judiciary Committee member, Democrat Sheldon Whitehouse from Rhode Island, had written to Roberts a week earlier, requesting a meeting and urging Roberts to ensure Alito’s recusal from the aforementioned cases.
Roberts declined the Democrats’ request and pointed out that judges have the authority to decide when to step down from cases.
Last year, Roberts refused to testify at a hearing on Supreme Court ethics before the Judiciary Committee. In his letter on Thursday, he noted that it is rare for the Chief Justice to meet with legislators.
He wrote, “Additionally, the proposed format for the meeting – meeting only with party leaders who are interested in the Court’s current pending matters – also suggests that participating in such a meeting would be unwise.”
The New York Times reported in mid-May that less than two weeks after the January 6th Capitol Hill incident, an upside-down American flag was seen outside Alito’s residence in Alexandria, Virginia. The report also mentioned that last summer, a flag emblazoned with “Appeal to Heaven” was displayed outside Alito’s beachfront home in New Jersey.
Alito stated that his wife, Martha-Ann Alito, hung the flags outside their residences in Virginia and New Jersey, claiming it did not warrant his recusal.
The upside-down American flag and the “Appeal to Heaven” flag hanging have been seen as symbols of protest by Trump supporters. Both flags were carried by Trump supporters who stormed the U.S. Capitol on January 6th. At the time, Trump and his supporters raised concerns about widespread election fraud and the fairness of the election, alleging that Biden had stolen the election.
Furthermore, another conservative Supreme Court Justice, Clarence Thomas, has also been asked to recuse himself from election-related cases because his wife, Virginia “Ginni” Thomas, is a Trump supporter who participated in a rally before the January 6th Capitol Hill incident.