Alito recording plunges Supreme Court into deeper controversy

The secret recording of conservative Justice Samuel Alito endorsing the idea that the country should return to a place of “godliness” has plunged the Supreme Court further into controversy, evoking outrage from Senate Democrats and forcing Republicans to play defense.

Senate Democrats are firing fresh volleys of criticism at Alito — and Chief Justice John Roberts for failing to rein in his conservative colleague — after he appeared to endorse the idea that the nation should embrace Christian principles and failed to distance himself from open hostility from his wife. to a neighbor’s gay pride flag.

“Alito is an extremist who is out of step with mainstream America. His growing power on the Supreme Court is a threat to our democracy,” said Senator Elizabeth Warren (D-Mass.).

Warren is one of many Democrats who think Alito is bringing a partisan political agenda to the bench, and they are highlighting it whenever they can ahead of the November elections.

“I am more concerned about the appearance that Judge Alito has prejudged the cases that will come before him. This is one of the greatest sins a judge or justice can commit, and his willingness to align himself so publicly in the middle of a hotly contested political battle is deeply troubling,” Warren said.

“This undermines any shreds of credibility the Supreme Court might have had,” she said.

Alito has been under intense scrutiny from Democrats, liberal activist groups and the media since he wrote the majority opinion in Dobbs v. Wade. Jackson Women’s Health Organization, the case that overturned the right to abortion in 2022.

His draft opinion was heavily criticized for citing 17th-century English jurists Sir Edward Coke and Sir Matthew Hale to claim a historical tradition of treating abortion as a crime.

Critics of the opinion argued that it was motivated by both religious doctrine and legal reasoning, noting the Catholic background of the conservative justices who voted in favor of it.

Then, speaking to a liberal defense journalist who posed as a Catholic conservative and secretly recorded her conversation with Alito at a recent Supreme Court gala, the judge appeared to embrace the idea of ​​the country returning to more theological foundations and that the commitment on some issues it is impossible.

“One side or the other is going to win,” Alito told the journalist. “There may be a way of working, a way of peacefully living together, but it’s difficult, you know, because there are differences in fundamental things that really can’t be compromised.”

And when asked about the need to “return our country to the place of godliness,” Alito responded, “I agree with you.”

Those comments sparked outrage from Democratic senators, who pressured Alito to recuse himself from cases related to former President Trump, including a pending case over whether he should be immune from prosecution for crimes related to his official acts as president. .

Senator Sheldon Whitehouse (D-R.I.), Chairman of the Federal Courts and Judiciary Oversight Subcommittee, posted on social platform X that “Alito responded as a movement activist. Movement activists have his role, but he is not on the Supreme Court.”

“Alito is becoming a loose cannon aimed at the Court itself. He makes a mockery of ethics,” Sen. Richard Blumenthal (D-Conn.), a member of the Senate Judiciary Committee, posted on X.

Blumenthal also criticized Roberts for not responding more assertively to Alito’s “behavior.”

“Truly disheartening – in fact, outrageous – that Roberts is implicitly condoning Alito’s behavior, so humiliating to the Court and degrading to himself,” the senator posted.

Alito’s candid comments follow reports that two flags linked to the Jan. 6, 2021 attack on the Capitol were flown at his home in Virginia and his beach house in New Jersey.

Alito says his wife was responsible for the incidents and that he had nothing to do with flying an upside-down American flag, a symbol of the “Stop the Steal” movement, at their home, or an “Appeal to Heaven” flag. . ” which was also aired by Trump supporters on January 6, at his vacation home.

Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) told reporters Tuesday that Democrats will try to advance Supreme Court ethics reform legislation on the Senate floor this week.

“We are planning to take action this week to move the ethics bill to the Supreme Court by unanimous consent,” he said.

The Supreme Court Ethics, Revocation, and Transparency Act, sponsored by Whitehouse and Durbin, would require the Supreme Court to adopt a binding code of conduct and create a mechanism to investigate alleged violations of the code and other laws.

Durbin said he is also open to adding language to the Supreme Court’s annual funding bill to require it to adopt an enforceable code of ethics.

“I don’t rule out any tactic at this point. Our initial effort is to enact the law that passed the committee 11 to 10. We will try to do that this week with a [unanimous consent request,]” he said.

The Judiciary Committee chairman also suggested other tactics to increase pressure on conservative judges, citing their inability to adequately publicize lavish gifts and hospitality from conservative donors.

“New evidence may emerge,” he said.

News of Alito’s comments at the gala sent Senate Republicans scrambling to his defense.

They criticized the deception of the defending journalist who posed as a Catholic conservative as the latest example of liberal harassment of conservative judges.

“It’s a pattern of harassment. These are people who want to destroy public trust in all of our institutions and are focused on the Supreme Court in particular,” said Senator John Cornyn (R-Texas), a senior member of the Judiciary Committee.

Cornyn said the Democratic-sponsored Supreme Court ethics bill won’t go anywhere on the Senate floor this week.

It does not have a single Republican co-sponsor.

Senate Republican leader John Thune (SD) said “it’s more attempts by the left to try to delegitimize the court.”

Even Durbin acknowledged he had some doubts about the journalist speaking to Alito under a false pretense, noting that conservatives have tried to target Democrats in the same way.

“I have mixed feelings commenting on this because of the nature of it. Obviously it was a surreptitious recording that was not made with his knowledge, and we’ve seen this happen before where right-wingers have done the same thing to Democrats,” he said.

The battle over future control of the Senate is becoming more focused on the Supreme Court itself, as the November election will decide whether President Biden will have another opportunity to nominate a liberal to the high court or whether Trump will have the opportunity to expand the power of conservatives. 6-3 majority.

This story originally appeared on thehill.com read the full story