Justice Alito Refuses Lawmakers’ Demand To Recuse

Courthouse News reports:

Supreme Court Justice Samuel Alito released a sharp statement on Friday, rebutting a request from lawmakers to step down from an upcoming tax case after he gave an interview with an attorney involved in the matter.

In July, Alito sat for an interview with David Rivkin Jr. and James Taranto to discuss the workings of the court. The resulting favorable article, which was filed on the Wall Street Journal’s opinion page, revealed the justice’s thoughts on prior rulings and his colleagues.

In an aside toward the end of the article, the authors divulged that Rivkin is participating in an upcoming tax case before the court, Moore v. U.S. Senate Judiciary Committee Chair Richard Durbin sent a letter to Chief Justice John Roberts, arguing Alito’s behavior warranted a recusal in the case. Alito disagreed.

The Guardian reports:



Alito, one of six conservative justices on the court, said in his statement, “When Mr Rivkin participated in the interviews and co-authored the articles, he did so as a journalist, not an advocate. The case in which he is involved was never mentioned; nor did we discuss any issue in that case either directly or indirectly.“

He added: “We have no control over the attorneys whom parties select to represent them.”

The senators’ letter also suggested Alito recuse himself in any future cases concerning legislation that regulates the court after he told the Journal, “No provision in the Constitution gives them the authority to regulate the Supreme Court – period.“