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FILE - Supreme Court Justice Samuel Alito Jr., left, and his wife Martha-Ann Alito, pay their respects at the casket of Reverend Billy Graham at the Rotunda of the U.S. Capitol Building in Washington, Feb. 28, 2018. Alito rejects calls to step aside from Supreme Court cases on Trump and Jan. 6. (AP Photo/Pablo Martinez Monsivais, File)

To recuse or refuse? A look at Supreme Court justices’ decisions on whether to step aside in cases

In declining to step aside from two high-profile Supreme Court cases, Justice Samuel Alito has provided a rare window on the opaque process by which justices decide to recuse themselves

By Mark Sherman
Published - May 29, 2024, 05:20 PM ET
Last Updated - May 29, 2024, 05:20 PM EDT

WASHINGTON (AP) — In declining to step aside from two high-profile Supreme Court cases, Justice Samuel Alito on Wednesday provided a rare window on the opaque process by which justices decide to step aside from cases.

Alito faced calls from Democrats to recuse from two cases involving former President Donald Trump and Jan. 6 defendants because of the controversy over flags that flew over his homes.

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.

Revelations about the flags came as the court is considering cases related to the Jan. 6 riot, including charges faced by the rioters and whether Trump has immunity from prosecution on election interference charges.

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