Senate Minority Leader Mitch McConnell (R-Ky.) suggested that Democratic senators’ calls for Justice Samuel Alito to resign after reports that the flag had flown at his home may be an ethics violation.
In remarks on the floor Wednesday, the Republican leader alleged that Sens. Richard Blumenthal (D-Conn.) and Sheldon Whitehouse (D-Ind.), both of whom serve on the Senate Judiciary Committee, “may have engaged in unethical professional conduct on the Supreme Court.”
“Three of my colleagues have written to the Chief Justice requesting that he remove Justice Alito from the case,” he explained. “One of them wrote to the Chief Justice requesting that Justice Alito and [Clarence] Unless liberals are removed from cases they do not want heard, Justice Thomas has no power to write the majority opinion.”
“This goes beyond the standard shameful bullying tactics that our Democratic colleagues have perfected,” he said.
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Senate Minority Leader Mitch McConnell (center) accused Senators Richard Blumenthal (right) and Sheldon Whitehouse (left) of violating ethics standards by having personal contacts with the Supreme Court. (Getty Images)
“These senators are privately telling the chief justice to change course on pending cases,” McConnell said, adding that it was “ex parte communication.” He noted that such exchanges violate the American Bar Association’s Code of Conduct.
McConnell said ethics questions arise because both Blumenthal and Whitehouse appear to be members of the Supreme Court bar, which is a requirement for arguing before the court. Both senators argued before the Supreme Court before they were elected to the Senate.
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Dick Durbin (right) has requested a meeting with Supreme Court Chief Justice John Roberts to encourage Justice Samuel Alito (left) to recuse himself from election-related cases. (Getty Images)
“They’re officers of the court and are bound by a different set of rules than mere senators,” he explained.
According to McConnell, the senators’ ex parte communication via letter rose to the level of conduct deemed “unbecoming” and could result in disciplinary action.
“I might suggest to my colleagues that unethical ex parte communications attempting to redirect pending litigation constitute such conduct, and the court should take whatever corrective action it deems appropriate,” the minority leader said.
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Democrats have targeted both Alito and Thomas and called on them to resign. (Jacqueline Martin-Poole/Getty Images)
He further pointed to the larger issue of growing politicisation among lawyers, but reiterated that it is solely the jurisdiction of the court to ensure the ethics of lawyers within the court.
“We don’t need to appeal to heaven to solve this problem. The Supreme Court simply needs to have the power to police the ethical practice of law among members of the bar,” he said, referring to the phrase “Appeal to Heaven” inscribed on a historic flag that flies above Justice Alito’s seaside vacation home.
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Supreme Court Building in Washington DC (AP Photo/J. Scott Applewhite, File)
Following multiple reports that upside-down flags were briefly flown at Justice Alito’s Virginia home and vacation home, Democrats quickly called on the conservative justice to recuse himself from cases related to the 2020 election. This comes as the court has yet to rule on former President Trump’s immunity claim in a federal election interference lawsuit, and Justice Alito’s vote could decide either case.
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Among those making these calls, along with Blumenthal and Whitehouse, was Senate Judiciary Chairman Dick Durbin (D-Ill.). Durbin and Whitehouse requested a meeting with Roberts to ensure Alito’s resignation, while Blumenthal, in his own letter, called on Roberts to “deny Justices Sam Alito and Clarence Thomas their opinions or circuit seats if they do not recuse themselves from litigation related to January 6th and the Stop the Steal protests.”
Neither Blumenthal’s nor Whitehouse’s offices immediately responded to Fox News Digital for comment.
