Justice Alito tells Congress he will not recuse himself over flags

Supreme Court Justice Samuel Alito informed Democrat Senators Dick Durbin of Illinois and Sheldon Whitehouse of Rhode Island in a letter sent on Wednesday he will not be recusing himself from any cases relating to Donald Trump and the 2020 election over flags that were flown at his home.

Democrats and the media have accused Alito of showing bias by having an upside-down American flag back in 2021 and an "Appeal to Heaven" flag on his property, claiming Alito was showing sympathy toward the rioters and protesters who were in Washington, D.C., on January 6, 2021. Both flags are not solely tied to January 6 and have deep historical connections to the United States dating back hundreds of years.

'I am therefore duty-bound to reject your recusal request.'

When it came to the upside-down American flag at Alito's Virginia residence, Alito said his wife made the decision to put it up over a neighbor being aggressive toward her.

"My wife and I own our Virginia home jointly. She therefore has the legal right to use the property as she sees fit, and there were no additional steps that I could have taken to have the flag taken down more promptly. My wife's reasons for flying the flag are not relevant for present purposes, but I note that she was greatly distressed at the time due, in large part, to a very nasty neighborhood dispute in which I had no involvement. A house on the street displayed a sign attacking her personally, and a man who was living in the house at the time trailed her all the way down the street and berated her in my presence using foul language, including what I regard as the vilest epithet that can be addressed to a woman."

Alito noted his wife is a private U.S. citizen who has the same right to freedom of speech as any other citizen. He added his wife flies different types of flags throughout the year on their properties.

"I was not familiar with the 'Appeal to Heaven' flag when my wife flew it. She may have mentioned that it dates back to the American Revolution, and assumed she was flying it to express a religious and patriotic message. I was not aware of any connection between this historic flag and the 'Stop the Steal Movement,' and neither was my wife. She did not fly it to associate herself with that or any other group, and the use of an old historic flag by a new group does not necessarily drain that flag of all other meanings," he explained.

"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. I am therefore duty-bound to reject your recusal request," Alito concluded.

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