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Dem senators request meeting with Chief Justice Roberts over flags flown at Alito’s homes

Two Democratic senators are requesting a meeting with Chief Justice John Roberts after reports that two separate flags carried by rioters at the Jan. 6, 2021, attack on the Capitol had flown outside of houses owned by Justice Samuel Alito.

Quick Read

  • Democratic Senators Request Meeting with Chief Justice Roberts Over Flags Flown at Alito’s Homes
  • Senators’ Concerns: Senate Judiciary Chairman Dick Durbin and Sen. Sheldon Whitehouse have requested a meeting with Chief Justice John Roberts following reports that flags carried by rioters during the Jan. 6 Capitol attack were flown outside homes owned by Justice Samuel Alito.
  • Ethics Discussion: The senators seek to discuss Supreme Court ethics and to ensure Alito’s recusal from cases related to the Jan. 6 attack or former President Donald Trump’s 2020 election challenges.
  • Flags Incident: The New York Times reported that an inverted American flag and an “Appeal to Heaven” flag, both associated with Jan. 6 rioters, were flown at Alito’s homes. Alito has stated the inverted flag was flown by his wife during a neighbor dispute and has not commented on the other flag.
  • Judicial Independence: The senators emphasized the importance of judicial independence and avoiding political statements, referencing the Supreme Court’s adoption of a code of ethics in November 2023, which lacks enforcement mechanisms.
  • Ongoing Efforts: Durbin and Whitehouse reiterated their commitment to enacting legislation to address the Supreme Court’s ethics crisis, expressing hope for a constructive meeting with Chief Justice Roberts.

The Associated Press has the story:

Dem senators request meeting with Chief Justice Roberts over flags flown at Alito’s homes

Newslooks- WASHINGTON (AP) —

Two Democratic senators are requesting a meeting with Chief Justice John Roberts after reports that two separate flags carried by rioters at the Jan. 6, 2021, attack on the Capitol had flown outside of houses owned by Justice Samuel Alito.

Sen. Dick Durbin, D-Ill., asks question during the Senate Judiciary Committee oversight hearing, Thursday, Sept. 29, 2022, on Capitol Hill in Washington. (AP Photo/Mariam Zuhaib)

Senate Judiciary Chairman Dick Durbin, D-Ill., and Sen. Sheldon Whitehouse, D-R.I., a member of the Judiciary panel, wrote Roberts on Thursday asking him for a meeting to discuss Supreme Court ethics and to take steps to ensure that Alito recuses himself from any cases before the court concerning the Jan. 6 attack or former President Donald Trump’s attempts to overturn his 2020 election defeat.

“We request a meeting with you as soon as possible, in your capacity as Chief Justice and as presiding officer of the Judicial Conference of the United States, to discuss additional steps to address the Supreme Court’s ethics crisis,” Durbin and Whitehouse wrote to Roberts in a letter released Friday by both offices.

FILE – Sen. Sheldon Whitehouse, D-R.I., and Sen. Elizabeth Warren, D-Mass., right, members of the Senate Committee on Finance, are joined by activists as they talk to reporters about corporate price gouging during this period of inflation, at the Capitol in Washington, July 14, 2022. Whitehouse suggested a series of actions President Joe Biden could take to address climate change, including “a robust social cost of carbon rule″ that would force energy producers to account for greenhouse gas emissions as a cost of doing business. (AP Photo/J. Scott Applewhite, File)

The senators’ letter comes as another conservative justice, Clarence Thomas, has ignored calls to recuse himself from cases related to the 2020 election over his wife, Ginni Thomas’, support for Trump and as public trust in the Supreme Court is at its lowest point in at least 50 years.

The court did not respond to a request for comment regarding the letter.

FILE – People carry an “Appeal To Heaven” flag as they gather at Independence Mall to support President Donald Trump during a visit to the National Constitution Center to participate in the ABC News town hall, Sept. 15, 2020, in Philadelphia. Supreme Court Justice Samuel Alito is embroiled in a second flag controversy, this time over the “Appeal to Heaven” flag, a banner that in recent years has come to symbolize Christian nationalism and the false claim that the 2020 presidential election was stolen. The flag was seen outside his New Jersey beach home last summer. (AP Photo/Michael Perez, File)

The court is considering two major cases related to the Capitol attack, including charges faced by the rioters and whether Trump has immunity from prosecution on election interference charges. Alito is participating in both cases and has rejected calls from Democrats in the past to recuse in on other issues.

A photo obtained by The Times shows an inverted flag at the Alito residence on Jan. 17, 2021, three days before the Biden inauguration.

The New York Times reported last week that an inverted American flag was seen at Alito’s home outside Washington less than two weeks after the attack on the Capitol. This week the paper reported that an “ Appeal to Heaven ” flag was flown outside of the justice’s beach home in New Jersey last summer. Both flags were carried by rioters who violently stormed the Capitol in January 2021 echoing Trump’s false claims of election fraud.

FILE – Chief Justice of the United States John Roberts joins other members of the Supreme Court as they pose for a new group portrait, at the Supreme Court building in Washington, Oct. 7, 2022. (AP Photo/J. Scott Applewhite, File)

Alito has said the inverted American flag was flown by his wife amid a dispute with neighbors, and he had no part in it. He and the court declined to respond to requests for comment on how the “Appeal to Heaven” flag came to be flying and what it was intended to express.

Judicial ethics codes focus on the need for judges to be independent, avoiding political statements or opinions on matters they could be called on to decide. The Supreme Court had long gone without its own code of ethics, but it adopted one in November 2023 in the face of sustained criticism over undisclosed trips and gifts from wealthy benefactors to some justices.

The code lacks a means of enforcement, though, and the Judiciary panel approved legislation last year that would set stricter standards. But Republicans have been staunchly opposed to any efforts to tell the court what to do.

FILE – Supreme Court Justice Samuel Alito Jr., left, and his wife Martha-Ann Alito, pay their respects at the casket of Reverend Billy Graham at the Rotunda of the U.S. Capitol Building in Washington, Feb. 28, 2018. An upside-down American flag was displayed outside of Alito’s home Jan. 17, 2021, days after former President Donald Trump supporters stormed the U.S. Capitol, The New York Times reports. It’s a symbol associated with Trump’s false claims of election fraud. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs,” Alito said in an emailed statement to the newspaper. (AP Photo/Pablo Martinez Monsivais, File)

Durbin and Whitehouse said they will continue to pressure the court. But the appeal for a meeting is a new approach after Roberts declined to testify at a hearing on Supreme Court ethics last year.

“Until the Court and the Judicial Conference take meaningful action to address this ongoing ethical crisis, we will continue our efforts to enact legislation to resolve this crisis,” they wrote.

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