DOJ can ‘force’ Alito, Thomas to recuse themselves on SCOTUS cases: Dem lawmaker

Democratic Rep. Jamie Raskin argued in The New York Times this week that Justices Clarence Thomas and Samuel Alito could theoretically be forced to recuse themselves from cases related to the January 6 attack on the Capitol.

In the guest essay The New York Times Raskin on Wednesday detailed how Thomas and Alito could be barred from the upcoming cases Trump v. United States and Fisher v. United States, which question former President Trump’s role in the Capitol protests.

“Of course, Justices Alito and Thomas could choose to recuse themselves — and that would be wonderful — but simply begging them to do the right thing would overlook far more effective action,” Raskin wrote.

Justices Alito and Thomas, both nominated by Republican presidents and part of the Supreme Court’s conservative wing, have come under fire in recent months from Democrats and the mainstream media for their inability to objectively rule on issues surrounding January 6.

Conservatives take up colonial flag and mock efforts to link Justice Alito with “MAGA battle flag”

Raskin argued that the Justice Department, through Attorney General Merrick Garland, could petition the other seven Supreme Court justices to recuse themselves under existing federal law on judicial disqualification and the U.S. Constitution.

“If this challenge statute were invoked, it would not be a friendly proposition. Like the Due Process Clause, it is a mandate of Congress and is binding on the justices. The Supreme Court cannot ignore it because it directly affects one or two justices. To do so would violate the separation of powers in the Constitution, since the justices would essentially be saying they have the power to ignore a mandate from Congress,” he wrote.

Raskin added that other judges have a moral obligation as well as a constitutional obligation.

“But even if no one on the Court raises the issue of recusal, the urgent need to address the issue remains. Once the issue is raised, the Court will almost certainly find that the Due Process Clause and Section 455 compel Justices Alito and Thomas to recuse. To reach that substantive conclusion, the Justices need only read their own Court’s recusal decisions,” he wrote.

Raskin has emerged as one of the House’s most prominent Democrats since being appointed as an impeachment manager in the Senate trial of President Trump, who was charged with inciting insurrection in 2021. He is a frequent guest on cable TV news shows.

For more articles on Media and Culture click here

Raskin argued that the Justice Department could petition the Supreme Court to ask Justices Alito and Thomas to recuse themselves. (U.S. Supreme Court Collection via Getty Images)

Raskin noted that Chief Justice John Roberts has previously argued that “judges are like umpires” and asked him to prove his point.

“But professional baseball would never allow an umpire to continue to officiate a World Series game after he learned that the flag of one of the opposing teams was flying in the umpire’s front yard, nor would it allow an umpire to call balls and strikes in a World Series game after his wife attempted to overturn and invalidate the official score of the previous game of the series in favor of the losing team,” he wrote.

“But the Constitution and Congress’s challenge statutes provide an objective framework for analysis and redress in cases of judicial bias that are clear to the public, even if invisible to the justices involved. This is not really optional for justices,” Raskin concluded. “I look forward to seeing the seven justices of the Supreme Court act to uphold the honor and integrity of the Supreme Court.”

Democrats and the mainstream media have called for Thomas and Alito to recuse themselves from incidents involving Trump and linking them to the Jan. 6 riots. Alito has faced an onslaught of media fire in recent weeks over his feud with a liberal neighbor in 2021 and the flags his wife allegedly flew at the time, including an upside-down American flag.

Judge Thomas Aly says media and Democrats are trying to pressure him to resign ahead of Trump voting debate

Democrats have called on Justices Thomas and Alito to recuse themselves from all cases related to Trump. (Javin Botsford/The Washington Post via Getty Images)

Raskin called on Thomas to resign in December, noting that his wife, conservative activist Ginnie Thomas, had previously supported Trump’s claims of rigged elections in the 2020 election.

“Anyone looking at this calmly and rationally would say if your wife was involved in and campaigned for and participated in the events leading up to January 6th, the big lie that Donald Trump actually won the presidential election, then you shouldn’t be participating,” Raskin said on CNN’s “State of the Union.”

Click here to get the FOX News app

He added: “He should absolutely resign. The question is, if he doesn’t resign, what do we do?”