DOJ can 'force' Alito, Thomas to recuse themselves on SCOTUS cases: Dem lawmaker

Top Democratic Rep. Jamie Raskin argued in the New York Times this week that Justices Clarence Thomas and Samuel Alito could, in theory, be forced to step down from cases related to the January 6 Capitol riots.

In a guest essay for the New York Times on Wednesday, Raskin detailed ways Thomas and Alito could be forced to recuse themselves from the upcoming Trump v. United States and Fischer v. United States, both involving former President Trump's role during the Capitol protests.

"Of course, Justices Alito and Thomas could choose to recuse themselves — wouldn’t that be nice? But begging them to do the right thing misses a far more effective course of action," Raskin wrote.

Alito and Thomas, both nominated by Republican presidents and part of the Supreme Court's conservative wing, have come under fire from Democrats and mainstream media in recent months over claims that they cannot objectively rule on matters around Jan. 6.

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Raskin claimed that the Department of Justice through U.S. Attorney General Merrick Garland can petition the seven other Supreme Court justices to demand recusal under already existing federal statutes regarding judicial disqualification and the U.S. Constitution.

"This recusal statute, if triggered, is not a friendly suggestion. It is Congress’s command, binding on the justices, just as the due process clause is. The Supreme Court cannot disregard this law just because it directly affects one or two of its justices. Ignoring it would trespass on the constitutional separation of powers because the justices would essentially be saying that they have the power to override a congressional command," he