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A liberal activist secretly recorded Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr., suggesting the latter revealed bias.
Lauren Windsor recorded the two justices at the Supreme Court Historical Society’s annual dinner last week.
In one exchange with Justice Alito, posing as a conservative, she said the country needed to return to “a place of godliness.”
“I agree with you. I agree with you,” Justice Alito responded.
She also prodded him, saying she felt there was no place for negotiating with the left to end polarization.
“On one side or the other — one side or the other is going to win. I don’t know,” he replied.
“I mean, there can be a way of working — a way of living together peacefully, but it’s difficult, you know, because there are differences on fundamental things that really can’t be compromised. They really can’t be compromised. So it’s not like you are going to split the difference,” the justice said.
Chief Justice Roberts, meanwhile, pushed back on Ms. Windsor, disagreeing with the notion that the country was polarized.
“The idea that the court is in the middle of a lot of tumultuous stuff going on is nothing new,” the chief justice said.
Ms. Windsor provided the recording exclusively to Rolling Stone, telling the publication that she wanted to shed light on the Supreme Court’s ethics issues.
“Because the Supreme Court is shrouded in secrecy, and they’re refusing to submit to any accountability in the face of overwhelming evidence of serious ethics breaches, I think that it’s justified to take these types of measures,” she said.
Ms. Windsor added she thought the public should have a “window into a body that is increasingly powerful and increasingly willing to overturn precedent.”
The high court has been under liberal attack over purported ethics issues for the past year.
Justice Alito recently came under fire for flying an upside-down American flag and an “Appeal to Heaven” flag at his residences, which critics say are symbols sympathetic with the Jan. 6 rioters.
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.
Democratic lawmakers have called for the two justices to recuse themselves from major disputes before the court this term, which ends at the end of June.
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.
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