To recuse or refuse? A look at Supreme Court justices’ decisions on whether to step aside in cases

WASHINGTON (AP) — In declining to step aside from two high-profile Supreme Court cases, Justice Samuel Alito on Wednesday provided a rare window on the opaque process by which justices decide to step aside from cases.

Alito faced calls from Democrats to recuse from two cases involving former President Donald Trump and Jan. 6 defendants because of the controversy over flags that flew over his homes.

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.

Revelations about the flags came as the court is considering cases related to the Jan. 6 riot, including charges faced by the rioters and whether Trump has immunity from prosecution on election interference charges.

In letters to members of Congress, Alito said he had no involvement in flying an upside-down flag over his home in 2021 and an “Appeal to Heaven” flag at his New Jersey beach house last year. He said his wife, Martha-Ann, was responsible for both flags. His impartiality, he said, could not reasonably be questioned.

The explanation is unlikely to satisfy Democratic critics, but they have little recourse.

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