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Skip to contentSkip to site indexSearch & Section NavigationSection Navigation SEARCH Politics Try 7 days freeLog in Thursday, May 30, 2024 Today’s Paper Try 7 days free * Updates * Nate Cohn’s Analysis * Tuned-Out Voters * Trump’s V.P. Contenders * Biden-Trump Debates * State Results Advertisement SKIP ADVERTISEMENT Supported by SKIP ADVERTISEMENT EXPERTS QUESTION ALITO’S FAILURE TO RECUSE HIMSELF IN FLAG CONTROVERSY Legal ethicists welcomed the fact that the justice gave reasons for staying on two Jan. 6 cases, a break from court tradition. But they said his rationale was open to criticism. New Listen to articles Tap the Play button at the top of any article to hear it read aloud. Listen to this article · 9:21 min Learn more * Share full article * * * Read in app Justice Samuel A. Alito Jr. said his wife, not he, had flown flags associated with “Stop the Steal,” so he did not need to recuse himself.Credit...Erin Schaff/The New York Times By Adam Liptak Reporting from Washington May 30, 2024, 5:06 a.m. ET Sign up for the Trump on Trial newsletter. The latest news and analysis on the trials of Donald Trump in New York, Florida, Georgia and Washington, D.C. Get it sent to your inbox. Supreme Court justices seldom give reasons for their decisions to recuse themselves. Even rarer are explanations for deciding to participate in a case when they have been accused of conflicts of interest. Justice Samuel A. Alito Jr. is an exception. He seems positively eager to explain himself. But whether his explanation has helped or hurt his cause is open to question. On Wednesday, Justice Alito wrote letters to Democratic lawmakers saying he was not only permitted but also obligated to sit on two cases arising from the Jan. 6, 2021, attack on the Capitol despite controversies over flags displayed outside his houses associated with the “Stop the Steal” movement. Experts in legal ethics said they welcomed Justice Alito’s decision to explain himself. But they were not persuaded by the reasoning in his letters, which said the flags had been flown by his wife and so did not require him to step aside in the pending cases, on whether former President Donald J. Trump is immune from prosecution and on whether a federal obstruction law covers participants in the Jan. 6 assault. Advertisement SKIP ADVERTISEMENT Mr. Trump praised the justice in a radio interview on Wednesday. “Alito is a tough guy, and he’s strong and very, very smart, and he put out a great statement today,” Mr. Trump said. The controversy surrounding Justice Alito reflects wider questions about ethics and politics at the court. Public trust in the court has fallen amid a swirl of ethics scandals in recent years, many involving whether justices should have recused themselves, and scrutiny is certain to be intense as they decide cases concerning Mr. Trump that could influence the outcome of the next election. Subscribe to The Times to read as many articles as you like. Adam Liptak covers the Supreme Court and writes Sidebar, a column on legal developments. A graduate of Yale Law School, he practiced law for 14 years before joining The Times in 2002. More about Adam Liptak See more on: Samuel A. Alito Jr., U.S. Politics, 2024 Elections, U.S. Supreme Court, Donald Trump * Share full article * * * Read in app Advertisement SKIP ADVERTISEMENT SITE INDEX SITE INFORMATION NAVIGATION * © 2024 The New York Times Company * NYTCo * Contact Us * Accessibility * Work with us * Advertise * T Brand Studio * Your Ad Choices * Privacy Policy * Terms of Service * Terms of Sale * Site Map * Canada * International * Help * Subscriptions Enjoy unlimited access to all of The Times. See subscription options