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FILE - Associate Justice Samuel Alito joins other members of the Supreme Court as they pose for a new group portrait, Oct. 7, 2022, at the Supreme Court building in Washington. Alito rejects calls to step aside from Supreme Court cases on Trump and Jan. 6. (AP Photo/J. Scott Applewhite, File)

Alito rejects calls to quit Supreme Court cases on Trump and Jan. 6 because of flag controversies

Former President Donald Trump is congratulating Justice Samuel Alito for rejecting calls to step aside from Supreme Court cases involving Trump and Jan. 6 defendants because of the controversy over flags that flew over Alito's homes

By Mark Sherman
Published - May 29, 2024, 04:42 PM ET
Last Updated - May 29, 2024, 04:42 PM EDT

WASHINGTON (AP) — Justice Samuel Alito is rejecting calls to step aside from Supreme Court cases involving former President Donald Trump and Jan. 6 defendants, saying his wife hoisted the two controversial flags that flew above their homes.

“My wife is fond of flying flags. I am not,” Alito wrote Wednesday.

In letters to members of Congress, Alito said his wife, Martha-Ann, was responsible for flying both an upside-down flag over their home in 2021 and an “Appeal to Heaven” flag at their New Jersey beach house last year. Both flags were like those carried by rioters who violently stormed the Capitol in January 2021 while echoing Trump’s false claims of election fraud.

Neither incident at Alito's homes merited his recusal, wrote the justice, who has rejected calls from Democrats in the past to recuse on other issues.

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