Opinion Today: Can Congress force Alito and Thomas to recuse themselves?

A congressman's argument for why the justices should have to sit out cases dealing with Jan. 6.

View in browser|nytimes.com May 30, 2024 By Lauren Kelley Deputy Op-Ed Editor, News In the wake of a series of scoops from The Times's Jodi Kantor, Americans have found themselves asking an unlikely question: What is going on with the flags outside Justice Samuel Alito's homes? In the justice's words, "My wife is fond of flying flags" — including a few that were also seen hoisted by supporters of Donald Trump outside the Capitol during the Jan. 6 insurrection. As the Maryland representative Jamie Raskin points out in a guest essay for Times Opinion, the flag situation raises a more profound question: With two cases before the Supreme Court dealing with Jan. 6, should Justice Alito recuse himself? And for that matter, should Justice Clarence Thomas do the same, given his wife's support of the effort to "stop the steal"? In the essay, Representative Raskin lays out an intriguing path for getting the two justices to recuse themselves from the Jan. 6-related cases before the court. "Everyone assumes that nothing can be done about the recusal situation because the highest court in the land has the lowest ethical standards — no binding ethics code or process outside of personal reflection," the congressman writes. "Of course, Justices Alito and Thomas could choose to recuse themselves — wouldn't that be nice? But begging them to do the right thing misses a far more effective course of action." You can read the plan Raskin has laid out for achieving that outcome. Read the guest essay: Will Matsuda for The New York Times Guest Essay Jamie Raskin: How to Force Justices Alito and Thomas to Recuse Themselves in the Jan. 6 Cases Can they really decide for themselves whether they can be impartial? By Jamie Raskin ADVERTISEMENT Here's what we're focusing on today: Editors' Picks Guest Essay Israel Must Stop Its Campaign Against UNRWA The commissioner of UNRWA calls for an end to Israeli attacks, both physical and verbal, against its staff and buildings. 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