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Alito rejects calls to quit Supreme Court cases on Trump and Jan. 6 because of flag controversies

WASHINGTON (AP) — Justice Samuel Alito is rejecting calls to step aside from Supreme Court cases involving former President Donald Trump and Jan. 6 defendants because of the controversy over flags that flew over his homes.

In letters to members of Congress on Wednesday, Alito said his wife, Martha-Ann, was responsible for flying an upside-down flag over his home in 2021 and an “Appeal to Heaven” flag at his New Jersey beach house last year. Both flags were like those carried by rioters who violently stormed the Capitol in January 2021 while echoing Trump’s false claims of election fraud.

Neither incident at Alito’s homes merited his recusal, wrote the justice, who has rejected calls from Democrats in the past to recuse on other issues.

“I am confident 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 the events… do not meet the applicable standard for recusal,” he wrote. “I am therefore required to reject your request.”

Supreme Court justices decide for themselves whether to sit out a case and the only potential consequence for refusing to step aside is impeachment by the House of Representatives and removal from office by the Senate. That has never happened in American history.

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