Senate Democrats demand Roberts ensure Alito recusal from certain cases
Samantha-Jo Roth
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A group of Senate Democrats on the Judiciary Committee sent a letter to Chief Justice John Roberts on Thursday, asking him to take “appropriate steps” to ensure Justice Samuel Alito will recuse himself from any future cases revolving around legislation that regulates the Supreme Court and a future tax case.
Sen. Dick Durbin (D-IL), chairman of the Senate Judiciary Committee, claimed in a letter to letter to Chief Justice John Roberts that Alito violated the court’s Statement on Ethics Principles and Practices by weighing in on the constitutionality of a bill lawmakers are considering to impose a formal code of conduct on the court during a lengthy interview with the Wall Street Journal.
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“Congress did not create the Supreme Court,” Alito said in the interview. “I know this is a controversial view, but I’m willing to say it. No provision in the Constitution gives them the authority to regulate the Supreme Court – period.”
The senators said the comments from Alito create the “appearance of impropriety in the minds of reasonable members of the public” and violate the Statement on Ethics Principles and Practices. The letter was signed by 10 Democrats on the Judiciary Committee, and the only senator who did not sign was Sen. Jon Ossoff (D-GA).
The senators also argue that the person who conducted the interview with Alito, David Rivkin, is representing the plaintiffs in a case, Moore v. United States, set to be heard next term during the high court’s session.
“Mr. Rivkin’s access to Justice Alito and efforts to help Justice Alito air his personal grievances could cast doubt on Justice Alito’s ability to fairly discharge his duties in a case in which Mr. Rivkin represents one of the parties,” Durbin said in the letter.
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The Senate Judiciary Committee, controlled by Democrats, approved a bill sponsored by Sen. Sheldon Whitehouse (D-RI) that would implement a code of conduct for Supreme Court justices and create a process to investigate violations of the code. The push for transparency comes after reports found Justices Clarence Thomas and Alito accepted tens of thousands of dollars worth of gifts from GOP donors Harlan Crow and Paul Singer.
The request from the senators is likely not going anywhere, considering Roberts currently does not have the authority to require Alito to recuse himself from any case. Typically, recusal issues are left up to each individual justice.