Justice John Roberts Response to Democrats Sparks Fury: 'Corruption'

U.S. Supreme Court Chief Justice John Roberts has refused a request from Senate Democrats to discuss fellow conservative Justice Samuel Alito's failure to recuse himself from cases involving former President Donald Trump.

Alito has been under fire in recent weeks over two flags associated with Trump and the January 6 Capitol riot that had been flown at his homes. He blamed his wife for raising the flags and insists that he is unbiased in matters involving the ex-president—such as Trump v. United States, the pending case on Trump's claim that he is immune to criminal charges due to presidential immunity.

Democratic Senators Dick Durbin and Sheldon Whitehouse sent Roberts a letter last week urging him to "immediately take appropriate steps to ensure that Justice Alito will recuse himself" from cases related to Trump and to meet "as soon as possible "to address the Supreme Court's ethics crisis." Alito sent the senators his own letter on Wednesday, writing that no "reasonable" person would question his impartiality.

Roberts replied to Durbin and Whitehouse in a letter on Thursday. He declined the senators' request for a meeting, citing "separation of powers concerns and the importance of preserving judicial independence counsel against such appearances" and reaffirming Alito's right to decide his own "recusal issues."

The response quickly sparked fury from some on social media, inspiring accusations of "corruption" by Roberts and demands that Senate Democrats take further action.

"John Roberts, again, has already spoken about Alito's ethical failures. And Roberts is IN FAVOR of the corruption, not against it," lawyer Elie Mystal wrote on X, formerly Twitter.

"Roberts is every bit as bad as Alito and [Supreme Court Justice Clarence] Thomas," wrote political analyst David Rothkopf. "He is an utter failure as a Chief Justice."

"BREAKING: Chief "justice" John Roberts DECLINES the meeting request from @SenatorDurbin and @SenWhitehouse, and says it's up to Alito whether he recuses (he said he won't). Can we subpoena them now? Or are we gonna write more letters?" wrote Allison Gill of the Mueller, She Wrote podcast.

"Senate democrats need to act," political commentator Molly Jong-Fast wrote.

Newsweek reached out for comment to a Supreme Court spokesperson via email on Thursday.

Durbin responded to Roberts' refusal with his own X post on Thursday, promising that Senate Democrats would continue an "investigation" into alleged Supreme Court ethics issues.

"Let's be clear: Chief Justice Roberts could establish an enforceable code of conduct today... if he wanted to," wrote Durbin. "But, he's refused. So long as he does, we will continue our investigation and pursue an enforceable code of conduct."

On Wednesday, Trump praised Alito for refusing to recuse himself over the flags—which are associated with the post-2020 election "Stop the Steal" movement and conservative Christian nationalism—writing on Truth Social that the justice displayed the "guts" and "grit" required to combat President Joe Biden.