Two Senate Democrats demanded two things from the Chief Justice.
John Roberts, Chief Justice of the Supreme Court, is not interested in playing political games with Democrats.
Last week, Sens. Dick Durbin (D.Ill.) & Sheldon Whitehouse demanded Roberts order Justice Samuel Alito recuse himself in cases “related to 2020 presidential election”, and on Jan. 6, 2019. The senators specified that they wanted Alito to recuse himself from a pending ruling on Trump’s presidential immunity case.
It is my understanding, that Justice Alito sent you a message addressing this topic.
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Roberts was also requested to meet with the two Democrats in order to discuss their concerns regarding the Supreme Court’s ethical standards.
Roberts’ response to Durbin and Whitehouse on Thursday refused their demand that Alito be forced to recuse himself.
Alito, in a subtle way revealing the partisan nature behind the request for recusal, noted that Supreme Court Justices have been following the same guidelines since 1790 — and are not going to change their minds just because Democrats demand it.
Roberts wrote in a letter that “in regard to questions regarding any Justice’s involvement in pending cases,” the members of the Supreme Court reaffirmed a practice they have been following for 235-years, according to which each Justice decides recusal issues.
He said, “It’s my understanding that Justice Alito sent you a message addressing this topic.”
Roberts said that he and Democrats will not meet. This would be a violation of the separation between powers.
Roberts made it clear that Durbin and Whitehouse know he can’t meet with them. He said this in April.
He explained that, “as I noted in my April letter to Chairman Durbin, aside from ceremonial occasions, a Chief Justice has only met with legislators on rare occasions, even when they are in a public setting, such as at a Committee Hearing, with members of the two major political parties in attendance.” Separation of powers and the need to preserve judicial independence are reasons against such an appearance.
Roberts did not end his letter at that point, but instead he highlighted what he believed to be the partisan nature in the Democrats’ request.
He said that the format of the meeting — with only leaders from one party interested in issues currently before court — “underscores” why it would not be advisable to attend.
Alito made it clear that he was not going to recuse himself.
He said that a reasonable person, who was not motivated by political or ideologic considerations or the desire to influence the outcome of Supreme Court decisions, would conclude that the event did not meet the standard for recusal.
He said, “I feel obligated to deny your request for recusal.”
