Roberts’ response came in a letter to the senators a day after Alito separately wrote them and House members to reject their demands that he recuse himself from major Supreme Court cases involving former President Trump and the Jan. 6 rioters because of the flags, which are like those carried by rioters at the Jan. 6, 2021, attack on the Capitol.
Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) and Sen. Sheldon Whitehouse (D-R.I.), a member of the Judiciary panel, had written Roberts a week ago to ask for the meeting and that Roberts take steps to ensure that Alito recuses himself from any cases before the court concerning the Jan. 6 attack or the Republican former president’s attempts to overturn his 2020 election defeat.
“I must respectfully decline your request for a meeting,” Roberts wrote.
Justices decide for themselves when to step aside from cases, Roberts noted. Alito said he concluded nothing about the flags, both of which he said were flown by his wife outside their homes in Virginia and New Jersey, required his recusal.
Last year, Roberts declined to testify at a Judiciary Committee hearing on Supreme Court ethics, and he made mention of that Thursday in saying that chief justices only rarely have met with lawmakers.
“Moreover, the format proposed — a meeting with leaders only of one party who have expressed an interest in matters currently pending before the court — simply underscores that participating in such a meeting would be inadvisable,” he wrote.
Both Alito and an another conservative justice, Clarence Thomas, have rejected calls to recuse themselves from cases related to the 2020 election, which Trump lost to Democrat Joe Biden. Thomas’ wife, Ginni, supported efforts to overturn the election results.
Public trust in the Supreme Court is at its lowest point in at least 50 years.
The justices are considering two major cases related to the Capitol attack, including charges faced by the rioters and whether Trump has immunity from prosecution on election interference charges.
Sherman writes for the Associated Press.