The Supreme Court is, person for person, the most powerful ruling body in the United States. Nine jurists, appointed for life, get to determine the everyday rights of Americans. These jurists can be conservative or liberal, but they’re supposed to rule according to the Constitution, not their political beliefs.
Whether this is what’s happening has come into question, most recently through reporting about Justice Samuel Alito and his wife, Martha-Ann, who were revealed to have flown two flags associated with the “Stop the Steal” movement outside their residences. In the wake of these reports, journalist Lauren Windsor recorded Alito and his wife candidly expressing political bias at the Supreme Court Historical Society’s annual dinner. The recordings, which were provided exclusively to Rolling Stone, have elicited another round of calls for accountability.
Sen. Richard Blumenthal (D-Conn.) was incensed by the audio released on Monday, which included Alito saying he “agrees” that the United States should return to godliness, and arguing that the nation’s political differences “can’t be compromised” and that one side has to “win.”
“Really discouraging — in fact, outrageous — that Roberts is implicitly condoning Alito’s behavior, so demeaning to the Court & degrading to himself,” he wrote in response to the first story. “Alito is becoming a loose cannon turned on the Court itself. He mocks ethics.”
The batch of audio also included a recording of Chief Justice John Roberts, whose comments were far more measured than those of Alito. Roberts has roundly rebuffed efforts by Democrats to discuss concerns about Alito pertaining to two flags associated with the “Stop the Steal” movement that were flown outside of two of his residences. Alito has refused to recuse himself from Jan. 6-related cases, blaming his wife, who he wrote in a statement that she is “fond of flying flags.”
Later on Monday, Rolling Stone published Windsor’s recording of Martha-Ann Alito, who bashed Pride flags, liberals, and vowed retribution against the media.
“Stomach turning & scary,” Blumenthal wrote in response. “Such repugnant threats of revenge reveal a mindset — apparently shared by Alito himself, since he’s declined to disown it. Also unacceptable is Roberts’ lack of leadership & Congressional inaction because of Republican resistance.”
SCOTUS did not return multiple requests for comment from Rolling Stone, and Alito has yet to respond to the recordings.
“Samuel Alito’s legacy on the Supreme Court is homophobia and bigotry, and now his wife is being exposed as a homophobe and a bigot. Does it shock you?” Rep. Ritchie Torres (D-N.Y.), who is gay, wrote of the recording of Martha-Ann Alito. “The MAGA Republican judicial project seeks to bring America backwards. We cannot let them win.”
Democrats on the House Oversight Committee convened to address the Supreme Court ethics crisis on Tuesday, with Rep. Jamie Raskin (D-Md.) and Rep. Alexandria Ocasio-Cortez (D-N.Y.) appearing on MSNBC hours later to discuss what needs to be done.
“Under what circumstances would a Supreme Court justice be accepting hundreds of thousands of dollars or millions of dollars in foreign travel or paid tuition or a recreational vehicle? It’s outlandish for us to contemplate,” Raskin said, referring to Justice Clarence Thomas’ controversial relationship with right-wing megadonors, and how members of Congress are banned from receiving gifts exceeding $50 in value.
“We want a $50 gift ban for justices,” Raskin continued. “They make $300,000 a year. Pay for your own lunch and pay for your own vacation.”
Democrats, however, have not done anything significant to rein in the Supreme Court since ProPublica first reported on Thomas’ vacations last year. Sen. Dick Durbin (D-Ill.), who chairs the Senate Judiciary Committee, has come under fire for not being more aggressive. Durbin pushed the court last year to create an ethics code. They did, but it was vague and nonbinding. He then subpoenaed conservative Supreme Court architect Leonard Leo, and threatened to subpoena Harlan Crow, but Leo has said he won’t comply. Late last month, Durbin, along with Sen. Sheldon Whitehouse (D-R.I.), wrote a letter to Roberts asking to discuss Alito recusing himself from Jan. 6-related cases. Roberts refused.
Durbin hasn’t publicly weighed in on the recordings released this week, although he said on Tuesday that the Senate will vote on Wednesday to implement a code of ethics. The vote will be held by unanimous consent, which means all 100 senators will need to sign onto the idea. Republicans are of course not going to do this, which means the vote is essentially a stunt designed to get Republicans on the record as opposing something everyone already knows they oppose.
Just take it from Sen. Lindsey Graham (R-S.C.), the top Republican on the Judiciary Committee, who is planning to object to Durbin’s unanimous consent request. NBC News asked Graham on Tuesday if he was worried about the Alito recordings. “I’m more worried about ISIS killing us all,” he said.
