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Supreme Court Justice Samuel Alito has communicated to congressional lawmakers that he will not recuse himself from upcoming cases related to the 2020 election and any cases tied to January 6th.

In letters to Congress, Alito clarified his stance following reports of flags being flown at his homes. Alito argued that he had no involvement with the flags, including an upside-down American flag flown by his wife, Martha-Ann, amid a neighborhood dispute in Alexandria, Virginia. The upside-down flag, symbolizing distress, has been linked by some to the “Stop the Steal” movement, which challenges the 2020 election results.

20240517 Alito Flag Split

“The two incidents you cite do not meet the conditions for recusal… and I therefore have an obligation to sit [for the cases],” Alito wrote to Senate Judiciary Committee Chair Dick Durbin and Sen. Sheldon Whitehouse. He added, “I had nothing whatsoever to do with the flying of that flag. I was not even aware of the upside-down flag until it was called to my attention. As soon as I saw it, I asked my wife to take it down, but for several days, she refused.”

His response came nearly two weeks after the initial flag report, followed by Durbin’s recusal request. Durbin admitted that options to penalize Alito are limited and short of impeachment, a step he acknowledged was not imminent.


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