The Hypocrisy of Justice Sam Alito

Supreme Court Justice Sam Alito recently issued a statement refusing to recuse himself in future election cases involving Donald Trump. Cries for his recusal came after release of photographs depicting an upside-down American Flag flying at his house, a symbol used to protest President Biden and support former president Trump. Ever brave, Alito threw his wife under the bus, accusing her of flying the offending flag.

Here’s what he said:“She makes her own decisions, and I have always respected her right to do so.”

The Hypocrisy of Justice Sam Alito

If this wasn’t so egregious, it would be funny, the very definition of chutzpah. Does this man understand his own hypocrisy? Alito’s the guy who wrote the decision in Dobbs v Jackson Women’s Health Organization, the landmark case that overturned Roe v Wade and ended American women’s federal right to choose.

Where is this respect for other women, not his wife, to make their own decisions? Are deeply personal decisions about women’s reproductive health less crucial than the decision to fly a flag in protest?

The Dobbs decision not only restricted the right to choose, it also subjected women to the whims of legislators at the state level, many of whom have passed severely restrictive, even punitive, abortion laws.  Apparently, personal autonomy, respect for individual decision-making, and personal freedom only apply to women he’s married to—Justice Alito denies them to women who wish to apply these same principles to their very personal reproductive choices.

Sounds bad, right? But it’s worse! The hypocrisy of Justice Sam Alito extends even further, to the principles of conservative judicial philosophy that he claims to champion.

Aren’t “limited government intervention” and “protection of individual freedoms” important tenets of conservatism? What assertion of government power could be more intrusive than government interference with a woman’s power over her own body?

Further, the patchwork of state abortion laws left in the wake of Dobbs disproportionately affects low-income women. Alito’s judicial stance exacerbates existing inequalities between rich and poor and places almost insurmountable burdens on this country’s most vulnerable populations.

Is it any wonder that the Supreme Court’s credibility is at an all-time law? The American justice system relies heavily on the perception of impartiality. The Code of Conduct for United States judges, specifically Canon 2, emphasizes that  judges should disqualify themselves in any case that calls their impartiality into doubt. 

Alito’s personal respect for autonomy stands in sharp contrast with his willingness to impose restrictions on women’s rights to control their bodies. The inconsistency undermines his credibility and that of the high court. His failure to reconcile his personal beliefs with his judicial actions is highly suspect, but his failure to recuse himself from future Trump election cases erodes the public’s trust in the impartiality and integrity of the Supreme Court.

Upside-down flags aside, Alito’s public actions and statements suggest a strong ideological alignment with Trump’s policies and political positions. Will he be impartial in these cases? America has no reason to believe that Alito won’t attempt to protect interests near and dear to Trump.

Alito’s recusal decision is consistent with recent decisions by other justices who have ignored calls for conflict-of-interest recusals. Obviously, the current Roberts Court is driven more by political considerations than by legal and ethical principles, a deeply problematic circumstance that should concern every citizen in this country.

If you care about our democracy, consider this when you vote next November.

Please check out Mark Bello’s latest book, "The Anti-Semite Next Door," an exploration of antisemitism in the context of today's political environment.

It's the latest in Bello's ripped-from-the-headlines legal thrillers, all available online at Amazon and other major online booksellers. He has quite the hero in Attorney Zachary Blake, who fights for justice on all fronts. His previous books are Betrayal of Faith, Betrayal of Justice, Betrayal in Blue, Betrayal in Black, Betrayal High, Supreme Betrayal, Betrayal at the Border, You Have the Right to Remain Silent, and The Final Steps – A Harbor Springs Cozy Legal Mystery. He’s also written a wonderful children’s book about bullying, “Happy Jack, Sad Jack,” and he's just released "Love Hate Law," a new legal romance novel. For more info, just check markmbello.com.