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McConnell suggests Supreme Court could punish some Senate Democrats over recusal demands

McConnell suggests Supreme Court could punish some Senate Democrats over recusal demands


This article was originally published on Washington Times - Politics. You can read the original article HERE

Senate Minority Leader Mitch McConnell suggested Wednesday the Supreme Court could punish Senate Democrats who have pushed for the recusal of some of the conservative justices.

The Kentucky Republican said three senators have urged Chief Justice John G. Roberts Jr. to remove Justice Samuel A. Alito Jr. from cases related to the Capitol riot on Jan. 6, 2021.

At least one Democratic senator suggested the Chief Justice should not have Justice Alito or Justice Clarence Thomas author certain majority opinions, he added.



The Senate Democrats have pushed for a meeting with Chief Justice Roberts but he declined, saying it would be improper to meet with one political party as the high court is issuing rulings.

Mr. McConnell specifically called out Democratic Sens. Sheldon Whitehouse of Rhode Island and Richard Blumenthal of Connecticut for being members of the Supreme Court bar and engaging in improper conduct as lawyers.  

“These Senators are telling the Chief Justice, privately, to change the course of pending litigation. This is known as ex parte communication and it is frowned upon by the ABA’s [Rules of Professional Conduct],” Mr. McConnell said on the chamber floor.

“This matters because at least two of these colleagues of ours, the Junior Senator from Rhode Island and the Senior Senator from Connecticut, seem to be members of the Supreme Court Bar. If so, they are, therefore, potentially engaged in unethical professional conduct before the Court.”

He said senators may be able to act a certain way as politicians, but lawyers are governed by rules of the court.

“They are officers of the court and bound by a different set of rules than a mere senator. These rules provide for discipline against those who engage in ‘conduct unbecoming’ an officer of the court,” Mr. McConnell said.

“The Court should take any remedial action it feels to be appropriate,” Mr. McConnell said.

The high court has the “power to police the ethical practice of law among the members of its Bar,” he added.

The comments come after Democrats have recently called for Justice Alito to recuse himself from cases related to the Capitol riot over an upside-down American flag being flown outside his Alexandria, Virginia, home days after the violent protest.

He also came under scrutiny for flying an “Appeal to Heaven” flag outside his New Jersey residence in 2023. Some Jan. 6 rioters carried that same flag.

Justice Alito said the flags were his wife’s decisions and that he’s not biased in any dispute.

“My wife is fond of flying flags. I am not. My wife was solely responsible for having flagpoles put up at our residence and our vacation home and has flown a wide variety of flags over the years,” he said in his letter to top Democrats on Capitol Hill.

“My wife is an independently minded private citizen. She makes her own decisions, and I honor her right to do so,” he added. “A reasonable person who is not motivated by political or ideological considerations or a desire to affect the outcome of Supreme Court cases would conclude that this event does not meet the applicable standard for recusal. I am therefore duty bound to reject your recusal request.”

The flag-flying incidents were reported by the New York Times. Last year, ProPublica published a series of articles critical of Justice Thomas and ties to a GOP mega-donor.

The calls for recusal come as the high court is weighing two major disputes this term over whether Mr. Trump is immune from charges stemming from his contest of the 2020 election results and another dispute over an obstruction charge facing hundreds of Jan. 6 defendants, including Mr. Trump.

Those opinions are expected to come by the end of June.

Mr. Whitehouse and Mr. Blumenthal did not immediately respond to a request for comment.

This article was originally published by Washington Times - Politics. We only curate news from sources that align with the core values of our intended conservative audience. If you like the news you read here we encourage you to utilize the original sources for even more great news and opinions you can trust!

Read Original Article HERE



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