In a letter to Democratic senators Richard Durbin and Sheldon Whitehouse, Justice Samuel Alito has soundly rejected their demand that he recuse himself from Trump v. United States and from any other cases related to the 2020 presidential election. Some excerpts:
The first incident cited in your letter concerns the flying of an upside-down American flag outside the house in Virginia where my wife and I reside…. As I have stated publicly, 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.
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….
The second incident concerns a flag bearing the legend “An Appeal to Heaven” that flew in the backyard of our vacation home in the summer of 2023. I recall that my wife did fly that flag for some period of time, but I do not remember how long it flew. And what is most relevant here, I had no involvement in the decision to fly that flag.
My wife is fond of flying flags. I am not. My wife was solely responsible for having flagpoles put up at our residence and our vacation home and has flown a wide variety of flags over the years. In addition to the American flag, she has flown other patriotic flags (including a favorite flag thanking veterans), college flags, flags supporting sports teams, state and local flags, flags of nations from which the ancestors of family members came, flags of places we have visited, seasonal flags, and religious flags. 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 I 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.
Alito concludes that “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 [these events] do not meet the applicable standard for recusal.”