In the wake of the sustained crisis of institutional legitimacy facing the Supreme Court, Justice Samuel Alito must resign, according to a letter sent today by Citizens for Responsibility and Ethics in Washington to Alito. The letter outlines Justice Alito’s failures to avoid the appearance of bias, and his failure to recuse from cases where his impartiality would reasonably be questioned, in violation of the law and the Supreme Court Code of Conduct.

The decision to call for Justice Alito’s resignation follows reporting that a flag associated with the “Stop the Steal” movement flew at his home just days after the violent insurrection at the U.S. Capitol building, while the Court was considering whether to hear a 2020 election-related case. Further reporting indicates that a second flag associated with that same movement flew at Alito’s vacation home as recently as September 2023, while an insurrection-related case was coming before the Court. Justice Alito did not dispute the reports, nor did he deny knowing the flags were flown and that they conveyed a partisan political message, a message relevant to cases the Court might hear. Despite these reports raising reasonable questions as to Justice Alito’s impartiality, which is the standard for recusal, Justice Alito failed to recuse from two major cases connected to the insurrection at the end of this term and ignored criticism that he should have recused from the Court’s earlier consideration of Trump v. Anderson, litigated by CREW.

“As a Supreme Court justice, Justice Alito took an oath to rule with impartiality and uphold the rule of law. In part because of Justice Alito’s apparent failure to live up to that obligation, the Court is facing a crisis of legitimacy,” said CREW President Noah Bookbinder. “Instead of taking accountability for his actions, Justice Alito has repeatedly deflected blame, failed to recuse from cases related to January 6th even after facts suggesting possible bias became public knowledge, and refused to acknowledge that his actions have contributed to the public’s faltering confidence in the Court. For the sake of the Court and for the sake of our democracy, Justice Alito must resign from office.”

The judiciary does not have the power to enforce the laws it interprets, and is therefore entirely reliant on the public’s faith and on its institutional legitimacy. Until Justice Alito resigns, the American people will lack confidence in the integrity of the Court’s decisions. 

“Our decision to call for Justice Alito’s resignation comes with great sorrow and concern for the state of our democracy,” said Bookbinder. “At a time when our system of checks and balances is under threat, a respected and unassailable Supreme Court is essential. Justice Alito’s resignation is a key step toward restoring the Court’s integrity and the public’s faith in this crucial institution.”