Amidst the calls of someone in power, somewhere, to do something after the latest flag report on Justice Samuel Alito, there’s one modest measure the justice himself can and should take: Explain his non-recusal from Jan. 6–related cases in an official written statement. That wouldn’t preclude any other remedial or investigative measures — I’ve previously noted the case for recusal given the first flag story.
For the first story, he blamed a dispute between his wife and a neighbor — an explanation that, whether you believe it or not, didn’t address what his wife sought to convey in flying the inverted flag or what he thought about it, then or now. He didn’t comment to the Times for the second story. The justice can attempt to clear things up in a written statement like the one he issued in Moore v. United States, a tax case that also raised questions about his impartiality.
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