Alito pushes back on Senate Democrat calls for recusal in upcoming case

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Justice Samuel A. Alito Jr. rebuffed a request by Senate Democrats to recuse himself in a case after he told a reporter that ethics legislation for the high court would be unconstitutional.

In orders from the high court released Friday, the George W. Bush appointee said there was “no valid reason” for him to not hear the case of Moore v. United States.

He said the justices must put aside personal comments or analysis of their work when considering a legal dispute. “If we recused in such cases, we would regularly have less than a full bench, and the court’s work would be substantially disrupted and distorted. In all the instances mentioned above, we are required to put favorable or unfavorable comments and any personal connections with an attorney out of our minds and judge the cases based solely on the law and the facts. And that is what we do,” he wrote.

The high court doesn’t have a mandatory code of ethics, even though lower court judges are expected to avoid impropriety. He also said the justices’ security has faced increased threats and sometimes don’t disclose travel arrangements for security reasons.

 

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