Justice Alito wrote a letter to Senators Durbin and Whitehouse in response to their calls for recusal. He was under no obligation to respond, and I have no doubt that his response will not placate critics. But his letter makes several important points, and also provides insights into his thinking about the flag flap.
First, the Supreme Court's Code of Conduct provides that a Justice should recuse "where an unbiased and reasonable person who is aware of all relevant circumstances would doubt that the Justice could fairly discharge his or her duties." What does "unbiased and reasonable mean"? Justice Alito provides his own gloss on that phrase. Here, Justice Alito was "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 recounted above do not meet the applicable standard for recusal." In Alito's view, "unbiased and reasonable" does not include a person who is "motivated by political or ideological considerations or a desire to affect the outcome of Supreme Court cases." The people who are calling for Justice Alito to recuse fall squarely in this category. The primary driver behind the "Stop the Steal" narrative is to force Justice Alito to recuse in all Trump-related cases. These voices were silent about Justice Ginsburg's comments about President Trump, and her dissent collar after election day. (Apologies do not undo an appearance of partiality). These voices, Alito implies, are not "unbiased and reasonable."
Second, Justice Alito and Mrs. Alito had no idea that either flag was associated with the "Stop the Steal" movement.
