Crepitus
Verified User
Alito’s Aggrieved Letter to Congress Tips His Hand in the Jan. 6 Cases
And his excuse is down right ridiculous. It also proves that this little "ethics pledge" they all reluctantly signed on to last fall is just as useless as I said at the time.
In Alito’s telling, he not only won’t recuse but in fact can’t recuse from the insurrection cases. Why? Because, he suggests, the nonbinding and entirely subjective ethics code to which the nine justices half-heartedly committed themselves this past fall requires that they remain on cases when they personally decide there’s no legitimate reason to recuse. Alito therefore asserts an “obligation” to hear the Trump-related cases.
So the ethics code is, we discover, mandatory, but only in the sense that it converts a justice’s hostility toward recusal into an affirmative duty not to recuse. (We trust that Alito, like the other Republican-appointed justices, will continue to disregard the ethics suggestions he dislikes.)