Following recent reports that Supreme Court Justice Samuel Alito displayed a flag at his home indicating support for the so-called “Stop the Steal” movement, Congresswoman Deborah Ross (NC-02), Vice Ranking Member of the House Judiciary Committee, and House Judiciary Committee Democrats wrote to Supreme Court Justice John Roberts requesting information about whether Justice Alito violated the Supreme Court’s Code of Conduct and how Chief Justice Roberts plans to enforce the new rules.

The Members wrote: “This incident, which Justice Alito has largely confirmed, constitutes both public participation in political activity and the appearance of the absence of impartiality in violation of Canons 5 and 3 of the Code of Conduct…Any reasonable person, knowing that Justice Alito has repeatedly and openly expressed his support for the former president—including in the immediate aftermath of the attack on the Capitol—would rightly question his ability to remain impartial in any case involving Donald Trump.                                                                                                                              

“And yet, Justice Alito has continued to hear cases involving Donald Trump,” the Members continued. “The Supreme Court issued its per curiam decision in Trump v. Anderson on March 4, 2024, with no recusal from Justice Alito.10 He likewise sat for oral argument in Trump v. United States, which will decide whether and to what extent presidents are immune from criminal prosecution.”

The letter is endorsed by Center for American Progress, Alliance for Justice, and Citizens for Responsible Ethics in Washington.  

Full text of the letter can be found here.