Supreme Court Chief Justice John Roberts is not interested in playing Democrats’ political games.
Last week, Sens. Dick Durbin (D-Ill.) and Sheldon Whitehouse (D-R.I.) demanded Roberts force Justice Samuel Alito to recuse himself from cases “related to the 2020 presidential election” and Jan. 6. The senators even specified they wanted Alito recused from a forthcoming ruling on Trump’s presidential immunity case.
‘It is my understanding that Justice Alito has sent you a letter addressing this subject.’
Their reasoning? Because Alito’s wife flew flags.
The two Democrats additionally requested that Roberts meet with them to discuss their concerns about the Supreme Court’s ethics.
No recusals
In a response on Thursday, Roberts refused Durbin’s and Whitehouse’s demand that he force Alito to recuse himself.
Subtly exposing the partisan nature of the request, Alito noted that Supreme Court justices have followed the same guidelines for recusals since the 1790s — and they’re not going to deviate now because Democrats say so.
“In regard to questions concerning any Justice’s participation in pending cases, the Members of the Supreme Court recently reaffirmed the practice we have followed for 235 years pursuant to which individual Justices decide recusal issues,” Roberts explained in a letter.
“It is my understanding that Justice Alito has sent you a letter addressing this subject,” he pointed out.
No meeting
There will be no meeting between himself and Democrats, Roberts added. Doing so would potentially violate the separation of powers.
Importantly, Roberts alluded to the fact that Durbin and Whitehouse already know that he cannot meet with them — a fact he already made clear last April.
“As noted in my letter to Chairman Durbin last April, apart from ceremonial events, only on rare occasions in our Nation’s history has a sitting Chief Justice met with legislators, even in a public setting (such as a Committee hearing) with members of both major political parties present,” he explained. “Separation of powers concerns and the importance of preserving judicial independence counsel against such appearances.”
But instead of ending his letter there, Roberts underscored what he believes is the partisan nature of the Democrats’ request.
“[T]he format proposed — a meeting with leaders of only one party who have expressed an interest in matters currently pending before the Court — simply underscores that participating in such a meeting would be inadvisable,” he said.
Alito speaks
Earlier this week, Alito responded to the recusal demands — and made himself clear.
“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,” he said, referring to his wife’s flag-flying.
“I am therefore duty-bound to reject your recusal request,” he emphasized.
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