John,

According to the Supreme Court’s new Code of Ethics (even if it is voluntary and self-enforced):

“A Justice should disqualify himself or herself in a proceeding in which the Justice’s impartiality might reasonably be questioned.”

But what if a Justice’s impartiality might reasonably be questioned, yet the Justice does not recuse himself or herself? What recourse is available then?

This is the situation we find ourselves in with Justice Alito. As long as he does not recuse himself from cases before the Court involving convicted felon Donald Trump, the only recourse available is impeachment.

Alito has wrecked his claims to impartiality in any cases related to January 6, the 2020 election, or the former president. Protest flags that were carried by rioters in the insurrection attack have flown over Alitos homes.

First, in January 2021, between the violent assault on the Capitol and the inauguration of President Biden, an upside down American flag was flown in front of his home. Two years later, another flag flew at another of Alito’s homes. This one, known as the Appeal to Heaven flag, was also carried by the violent mob on January 6th.

Alito refuses to recuse himself from cases related to January 6th, the 2020 election, or Donald Trump, so Congress must act. Send a message to your U.S. Representative and Senators demanding that Justice Samuel Alito face impeachment now.

Of the two seditionist flags flown by Alito, the Appeal to Heaven flag is especially problematic for a Supreme Court justice to endorse. As a symbol of Christian nationalism, this flag indicates a belief that the law of the land is not the Constitution, but the law of God according to the religious beliefs of Christian nationalism. Imagine Jesus through the eyes of the MAGA cult.

This nation was founded as a bastion of religious freedom. As the First Amendment clearly states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

But the Christian nationalists represented by this flag reject this basic democratic principle. By flying this flag, Justice Alito thumbs his nose at the very idea of the separation of church and state.

And at this moment, the Supreme Court is considering cases related to January 6th, including whether President Trump should be immune from prosecution for his actions that day. How can Alito pretend to judge these questions fairly? The answer is simple: He cannot.

Far from being an impartial jurist, Alito has shown flagrant support of Trump’s multi-pronged attempts to “Stop the Steal.” The code of ethics requires recusal, but Alito is not required to follow the code of ethics.

Send your letter to Congress: Impeach Supreme Court Justice Samuel Alito now for refusing to recuse himself from cases related to convicted felon Donald Trump.

Nothing less than the fate of our democracy is at stake.

- Amanda

Amanda Ford, Director
Democracy for America
Advocacy Fund